HomeMy WebLinkAbout1999-0420.REG.MIN MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 20, 1999
Civic Center Council Chambers, 1175 E. Main Street
PLEDGE OF ALLEGIANCE
Mayor Shaw called the meeting to order at 7:00 p.m., in the Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Reid, Hauck, Wheeldon and Fine were present: Councilor Hanson was absent.
APPROVAL OF MINUTES
The minutes of the Regular meeting of April 6, 1999 were approved with the following amendment;
Special Presentation item 2 "Secretary of United States in Michigan".
page I under
SPECIAL PRESENTATIONS & AWARDS
1. Mayor's Proclamation of April 18 through 24, 1999 as Volunteer Recognition Week in Ashland.
Mayor Shaw read the proclamation in its entirety.
2. Update and presentation by the Conservation Commission.
Councilor Wheeldon, as council liaison, introduced the Conservation Commission. Russ Chapman, chairman of the
Conservation Commission noted the opportunities that the Conservation Department provides the community. Listed
projects that the Commission has been involved in for the past three years. Explained that the idea is to allow a lighter
impact on the environment.
Presented video and commended on the past efforts of the late Councilor Ken Hagen.
Bruce Moats explained the new "Green Business" program, which focuses on encouraging business conservation of
water and electricity. Noted that there will be criteria set, and that the program will be submitted to council for approval.
Noted the direction of the Conservation Commission and how the members represent various organizations in the city.
Commented on the upcoming "Earth Day" activities.
Kari Tuck shared information on the education sub-committee of the Conservation Commission and how they have been
working with local schools. Noted the support that the Commission is giving the schools and how other agencies are
involved in the education of conservation in the schools. Noted again the three main goals of the Commission, which
are: 1 ) Conservation of Water; 2) Conservation of Energy; and 3) Solid waste reduction. Commented that recycling
is the main focus in regards to solid waste reduction, and discussed pre-cycling and "reducing - re-using". Noted worm
agriculture (vermiculture) and composting classes that are being provided to the community, and working with the city
in regards to conservation and energy in the areas of education and the solar roof program. Tuck also noted her position
with the Parks Department, and the Department' s "Environmental Stewardship Program" classes that are being provided
through the Parks Department.
Karen Amarotico, Ashley HenO' and Kirk Evans, members of the Commission, spoke of their interests, efforts and the
energy that they share with the community through the Conservation Commission. A prepared statement by Howard
Braham was also read, as he was unable to attend.
ci0, Council Minutes 04/20/1999 I
CONSENT AGENDA
I. Minutes of Boards, Commissions and Committees.
2. Monthly Departmental Reports.
3. Termination of a portion of a sanitary sewer easement at 364 Helman Street.
4. Confirmation of Mayor's appointments/reappointments to Boards, Commissions and Committees.
Councilors Wheeldon/Fine m/s to approve the consent agenda. Voice vote: All AYES. Motion passed.
PUBLIC HEARINGS
i. Public Hearing to consider motion for approval of sewer service outside the City Limits, but within
the City's Urban Growth Boundary for Temple Emek Shalom at 1800 E. Main Street.
This item was moved to "Unfinished Business ".
PUBLIC FORUM
Peter Stanley/4886 Hwy 66/Spoke regarding the possibility of banning smoking in bars. City Attorney Nolte noted
for Council that there is upcoming legislation that may prohibit cities from passing laws that would ban smoking in bars.
Ron Roth/6950 Old Highway 99 South/Commented on packet that was sent to council regarding Waste Water
Treatment options. Stated that he is an advocate for his own irrigation rights on his farm and also for in-stream fish
rights. Feels there are substantial, downstream, senior irrigation rights for Bear Creek and its tributaries. Noted
diffi~rent sections in his hand-out regarding comments by the State Water Master. Feels that the city should know the
consequences if the WWTP stream is shut down. Pointed out that tertiary costs noted in the past seemed very expensive
and stated that he feels that there would need to be public hearings before anything is changed on the Waste Water
Treatment Plant options.
Shaw noted that there have been numerous public hearings, and commented on the reasoning behind Assistant City
Engineer Jim Olson's previous memo.
Councilors Reid moved to place this item on the agenda. Motion died due to lack of a second. Council discussion to
bring this subject up under "Other Business from Council".
UNFINISHED BUSINESS
1. Public Hearing to consider motion for approval of sewer service outside the City Limits, but within
the City's Urban Growth Boundary for Temple Emek Shalom at 1800 E. Main Street.
Councilor Fine made the following declaration of a conflict of interest, as required by state law, as his reason for
rec usa l: "Because I am the attorney and because I represent the current owner of the land for which City sewer service
is now being requested and that the Council's decision on this request will affect the economic interests of my client,
I will now leave the council chambers."
Stan Shulster/165 Pilot View Drive/Attorney for the applicant, questioned council as. to which direction they were
going to take in regards to approval of sewer service. Stated that he would have objection, or ask for further discussion
if council were to include the additional conditions stated in the city attorney's council communication.
Councilor Reid commented that she did not remember there being a discussion at the previous meeting regarding fees.
Laws would like to have discussion on all three options.
Shulster pointed out that the congregation was careful not to ask the city for any special considerations. Felt that the
council agreed at the previous meeting, that the proposal being considered met the "spirit of the ordinance". Stated that
the motion being proposed does meet all requirements and requested that the council not go beyond the language of the
CiO' Council Minutes 04/20/1999 2
ordinance by adopting the proposed conditions. Stated that the conditions of annexation will be met, at the time of
annexation, but stressed that the city is not asked for any special consideration and should not add any special
conditions.
Ken Ogden/1042 Dead Indian Road/Architect for the Temple, explained to council the criteria for development and
standards on the proposed development. Emphasized the importance and the responsibility of the developers in
cooperating with the city.
Wheeldon questioned whether the project would be subject to the city site review process.
Shulster questioned the imposition of additional burdens beyond the ordinance, and assured the council that the architect
is familiar with city standards and would be working to meet those standards.
Shulster suggested that sidewalks could be dedicated at a later time.
Discussion of whether annexation was possible now. Community Development Director, John McLaughlin confirmed
for council that not all adjacent properties have agreements to annexation. McLaughlin explained that the additional
conditions could be coordinated through Jackson County in order to monitor compliance. Felt that the council could
impose conditions through a deferred improvement district for sidewalks linked to the annexation.
Nolte explained that the condition regarding development fees and conforming to development standards had to do with
additional service being provided outside city limits and costs involved. Nolte stated that without imposing fees, the
city would in effect be subsidizing development outside of the city limits.
Laws explained his previous concerns regarding imposing annexation in regards to costs that would result for the school
district and the Nazarene Church, but after giving it more thought, determined that there would be increased
transportation costs involved with increased traffic immediately, but there would be no payments from the property
owners causing these increased costs until annexation. With this in mind, he is comfortable with requiring development
fees and compliance with development standards.
Shaw noted the traffic congestion and the difficulties that the middle school is currently facing. Commented on the
possibility of annexation, and stated that although there was a recent article in local newspaper that had numerous errors
regarding the facts of past council action for service outside the city, many items in the article had merit and the temple
should consider coming in the front door with annexation, rather than trying to slip in through the back door.
Councilors Reid moved that the Rogue Valley Jewish Community, a nonprofit Oregon corporation, dba Temple
Emek Shalom, (the applicant) be granted permission to connect a temple building to be constructed at 1800 East
Main Street, Ashland, Oregon, to the Ashland city sewer system, subject to these conditions: l)That prior to such
connection there exists an City of Ashland eight (8)-inch sewer line within 300 feet of the existing dwelling on
the property. Applicant shall construct such sewer line and connect it to the City of Ashland sewer system. The
sewer line is to be constructed at no cost to the city and shall meet city standards. Once constructed, the line
within the public right-of-way shall be dedicated to the city, and the city will accept the dedication as an Ashland
city sewer line; 2) The applicant will comply with the city's land use site review standards. Subject to the
foregoing conditions, the council finds that all of the requirements of Ashland Municipal Code Section 14.08.030
have been met by the applicant and that it is in the best interests of the City of Ashland to permit the connection
to the city sewer system. The motion died for lack of a second.
Councilors Laws/Reid moved that the Rogue Valley Jewish Community, a nonprofit Oregon corporation, dba
Temple Emek Shalom, (the applicant) be granted permission to connect a temple building to be constructed at
1800 East Main Street, Ashland, Oregon, to the Ashland city sewer system, subject to these conditions: 1)That
prior to such connection there exists an City of Ashland eight (8)-inch sewer line within 300 feet of the existing
dwelling on the property. Applicant shall construct such sewer line and connect it to the City of Ashland sewer
Cio' Council Minutes 04/20/1999 3
system. The sewer line is to be constructed at no cost to the city and shall meet city standards. Once constructed,
the line within the public right-of-way shall be dedicated to the city, and the city will accept the dedication as
an Ashland city sewer line; 2) The applicant will comply with the city's land use site review standards; 3) The
applicant will make such applications, pay such development fees and conform to such development standards
as if the property were located within the city limits. Subject to the foregoing conditions, the council finds that
all of the requirements of Ashland Municipal Code Section 14.08.030 have been met by the applicant and that
it is in the best interests of the City of Ashland to permit the connection to the city sewer system.
DISCUSSION: Hauck feels that conditions are not unreasonable. If exceptions are to be made, these conditions
are necessary to make this action follow the "spirit of the ordinance". Would support dedication for future
installment of sidewalks at the time of annexation.
Wheeldon pointed out that the site's proximity to the city limits makes a connection possible and also makes the
conditions necessary.
Nolte confirmed that an amendment to the motion would need to involve a dedication to the public, so that
whatever jurisdiction is over the property can utilize it for the purpose dedicated, but that no additional
dedication would be required if there were sufficient room within the right-of-way.
Councilors Wheeldon/Hauck m/s to amend the motion to provide sufficient right-of-way to build, to city
standards, storm drains and sidewalks, and at the time of annexation to install those facilities.
Reid questioned whether McLaughlin had wanted a control mechanism on the timing of these improvements.
McLaughlin clarified that he had wanted the improvements to be deferred to some point set by the council, and
confirmed that an annexation would be a very good trigger to control these improvements independent of an
LID.
Councilors Law/Reid agreed to incorporate this amendment into the original motion, so that no vote on the
amendment was necessary.
Hauck stated that he felt it was important that there not be a precedent set, and explained that what is being
done is compatible with the existing city ordinance. Mayor Shaw suggested that precedent may be being set, and
suggested that staff look again at the ordinance to deal with issues that have surfaced with institutions seeking
service outside of the city limits. Laws questioned if this was worth the staff's time, given the number of projects
underway versus the number of requests that come to council.
Roll call vote: Wheeldon, Laws, Hauck and Reid, YES. Motion passed.
Councilor Fine returned at 8:29 p.m.
NEW AND MISCELLANEOUS BUSINESS
!. Council Meeting Look Ahead.
Noted that this item was for information only.
2. Update on the implementation of Councirs 1998-1999 goals.
City Administrator Mike Freeman provided an update on council goals, as listed in his council communication, which
involved securing new facilities for Fire Department; initiating a city-wide strategic planning process; exploring
alternativesto current Local Improvement District process; encouraging alternative transportation modes; implementing
long-range planning for flood plain and riparian areas; and developing a long-range comprehensive solution for the
citv's water needs.
City Council Minutes 04/20/1999 4
Reid questioned developing the Fire Station RFP for architectural design and engineering service prior to conducting
the study session on design, location, and bond issue timing. Freeman explained that the RFP was not for a specific
package yet, it was merely for the services.
With regard to the Central Ashland Bikeway, Freeman noted that issues which have been raised having to do with
signage, jurisdiction, and safety concerns will be addressed by the Police Department, Parks, and Public Works.
Community Development Director John McLaughlin explained lineal parks as a means to link open space parks areas
with a network of trails and easements, and noted that the concept had been suggested by Ken Hagen. Confirmed that
as opportunities arise, easements may be sought through the conditional approval process to begin building the
preliminary trail system shown on the open space plan map as development occurs.
Councilor Reid expressed her concern with direction being taken involving Siskiyou Boulevard jurisdictional exchange
lbr the bike lanes, where it seems that a decision has been made without there being any public hearings, and without
information regarding the long range financial aspects of the project. Reid emphasized that there is some confusion in
the community regarding Siskiyou Blvd and Hwy 66.
Laws warned that it has been several years since trying to put through a plan for a bike plan on Siskiyou Boulevard and
that there are new property owners and larger trees to deal with.
Freeman noted that there will need to be ongoing discussion of funding for downstream improvements in Ashland
Creek.
3. 1998/99 Construction and Major Project Activity Summary #3.
Public Works Director Paula Brown briefly summarized activities for the council, and explained that a more complete
report will be brought back to council at a future council study session.
Clarified for council that the water master plan is moving forward nicely.
Regarding the storm drain master plan, explained for council that EPA has backed away from mandating participatory
requirements.
Commented that phone calls have been received from the Bureau of Reclamation (BOR), which is a step forward in
dealing with the T1D contract, and their review will be occurring.
Nolte confirmed that while he was aware of pending litigation concerning water rights in Klamath County, he was of
the understanding that there was little chance that this suit would succeed in depriving TID water to the Rogue Basin.
Stated, however, that this issue needs to be watched closely.
Brown stated that design for sidewalks and traffic calming on Oak Street should be complete within 60 days, and the
project should be completed this summer, before school starts and prior to ODOT deadlines.
Confirmed that staff will bring information on miscellaneous issues outside the actual construction of the Central
Ashland Bikepath for a later meeting. Emphasized that construction is driven by ODOT, and the contractor is waiting
for ODOT's approval to proceed.
Noted that work on Wightman Street Storm Drains, the next big Public Works project, began April 20th and should be
completed within 60 days.
Ci.ty Council Minutes 04/20/1999 5
Stated that an update on the Wetlands project will be prepared as soon as spring data is collected and compiled.
Emphasized that changes in soil pH and detention times could result in reductions in the phosphorous numbers
previously given.
Fine commended Public Works on their excellent efforts in "miscellaneous concrete projects" to put sidewalks in areas
used by students going to school.
Brown confirmed that staff intends to build a new warehouse building on the B Street Yard, but that this needs to go
through the planning process prior to construction. Emphasized that the wall in place was approved by the planning
commission, and will look much better when the fence and landscaping are in place.
Reid commended Public Works on their list of accomplishments, and requested that staff look into promoting using
groups of local individuals, as was done with the Roca Creek channel improvements project, for the League nominations
which are coming up.
ORDINANCES, RESOLUTIONS AND CONTRACTS
I. Second reading by title only of "An Ordinance for the Vacation of New Street from its intersection
with Oak Street to its Terminus, All of Which is Located between Hersey Street and the Railroad
Tracks."
Councilors Hauck/Reid m/s to adopt Ordinance #2339. Voice. vote: Hauck, Laws, Wheeldon, Reid, and Fine,
YES. Motion passed.
2. Reading by title only of "A Resolution Adopting the City of Ashland 1999-2000 Strategic Plan."
Shaw questioned the Rail Road District Plan being dropped from the plan. McLaughlin explained that if state funding
was found to pursue this item with consultants, it could be accomplished. But without funding, if the item were needed
to be driven by staff and staff time was required, it would be too large a project given the other items on the list.
Freeman emphasized that re-zoning would occur, and that efforts would continue to find funding to hire a consultant,
but the item was removed from the Strategic Plan as it was too large to be staff-driven.
Councilors m/s Wheeldon/Reid to adopt Resolution #99-21, with an amendment to page 3 under Transit to
include all modes of transportation in the survey to be conducted. Roll call vote: Reid, Laws, Wheeldon,
Hauck, and Fine, YES.
3. Reading by title only of "A Resolution of the City of Ashland, Oregon, Authorizing the
Reimbursement of Expenditures with Reimbursement Bond Proceeds."
Turner explained for Wheeldon that the Council authorized the purchase of a park, and under IRS regulations, the
City must declare the intention to reimburse itself from bonds for expenditures borrowed short term from other
areas.
Councilors Laws/Reid m/s to adopt Resolution #99-20. Roll call vote: Laws, Reid, Hauck, Wheeldon, and
Fine, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilors Laws/Reid m/s to place on the agenda the question of how to proceed with the Waste Water
Treatment Plant. Voice vote: All AYES. Motion passed.
Laws noted that at the last meeting, he had expressed some interest in the tertiary treatment option that was presented.
Noted concerns with taking water out of the creek, by not returning treated effluent for six months in the summer, is
City Council Minutes 04/20/1999 6
twice as much as the water rights to the lmperatrice property for replacement water. Recalled that water rights could
be targeted to the time of year when the creek levels are low. Stated his concern is to do what is best for the ecology
and environment of Bear Creek.
Laws noted that he has spoken with Bear Creek authority, Eric Dittmer, who felt it would be better to have water behind
the dam at Emigrant to release when needed, than to have it coming steadily downstream at a set rate, as it would with
tertiary treatment. Dittmer recommended proceeding with the spray irrigation project and that water rights be fully
implemented.
Reid asked Nolte what percentage of the city' s water rights are pre- 1860. Hauck also asked for information on "junior
water rights." Reid requested that staff provide some sort of conversion chart to allow Council to interpret discussions
of acre feet, millions of gallons per day, and the various other methods of measurement which are discussed. Reid also
requested that staff provide information on new energy conservation technology called "back jam" being used in sewer
plants, which she has heard mentioned by Carollo Engineers. Also requested specific information on tertiary treatment,
and asked that Eric Dittmer be available to answer council questions.
Reid noted that Dittmer is an expert on the ecology, biology, and carrying capacity of Bear Creek, who studied water
quality in the Creek and its tributaries for the Rogue Valley Council of Governments. Noted that Dittmer is now a
geology professor at SOU.
Laws emphasized that Dittmer feels that there is enough water in the Creek in the summer months, and that it would
be better to hold the city's water rights behind the Emigrant dam until September and October when flows are at their
lowest.
Reid stated that she views the effluent as a potential resource that could be eventually used for irrigation in drought
periods. Feels it is important that effluent be available to the community when it is needed.
Shaw noted that there was a possibility the eventual possibility of using treated effluent to irrigate not just through the
Parks Department, but the University as well. Reid said that she was interested in this possibility, and requested more
information from staff on this item.
Laws noted that his intention in initiating this discussion was not to delay the construction process that is to begin soon,
and emphasized that the current option being pursued is better for the Creek in keeping the targeted water in stream,
and for the city in retaining the potential for full use of effluent as a resource at some point in the future.
Brown explained that they are in the bid process now, and the intention is to award by June 30th or with a decision from
LUBA, whichever comes first. Emphasized that questions could be answered, but these might be problematic in the
bid process. Stated that she will get back to council prior to the next meeting with a memo.
Hauck questioned whether there would be a problem with solid wastes if the city opted not to spray irrigate. Brown
stated that option 5 would have the lagoons, the drying process and land application on the site, and stated that there
may still be concerns on the part of the neighbors with this option.
Nolte and Brown confirmed that they have checked into land use and water rights issues surrounding this, and there
would be no problem created if the city opted not to irrigate.
Wheeldon inquired whether the LUBA decision affects the city's options. Brown stated that LUBA has not imposed
any restrictions on moving Forward, but that it would be wise to proceed cautiously pending LUBA's decision.
Wheeldon suggested that council look at making a final decision at the next meeting.
CiO' Council Minutes 04/20/1999 7
Laws stated his willingness to authorize Brown to proceed unless she finds problems in researching these issues for
council that necessitates council action.
Fine stated that if another meeting is to be held regarding this matter, he would like to see Ashland citizens given
priority. with the time for public input limited, so that the council can adequately address the issue at hand.
Ron Roth//Explained that the irrigation issue is whether water is available to be used when needed, and how it gets there
does not matter. Noted trust issues with TID, and stated that unless there is a formal written agreement with TID that
says the city can hold water and then release it this option should not be pursued.
Nolte stated that there is precedent for a municipality to hold water behind a dam controlled by an irrigation district and
release it later. Emphasized that the water rights of the city are recognized by the state, and there is no problem with
pursuing this option. Hauck emphasized that this was done previously during the drought.
Wheeldon noted that I ) The Bicycle and Pedestrian Commission is promoting Ashland Free Ride Day on May 13th, and
asked that the promotional materials be allowed to include promotion for the May |8th RVTD levy. Shaw noted that
public funds could not be used in this way, so it would only be acceptable if no city funds were commingled in the
production of this promotional material in the form of staff time, paper, printing, or funds; 2) Regarding the Central
Ashland Bikepath. noted problems with intramural softball usage at the college fields disrupting path use and field users
driving on the path to park nearer to the field, and emphasized the need to make the public aware that this project is still
in progress;.
Shaw emphasized the need for signage and temporary measures to safeguard children using the path. Freeman
explained that this project is under construction in ODOTjurisdiction, but emphasized that cement barriers have been
placed. Brown noted that temporary measures are in place, she will speak to ODOT to arrange signage, and will work
to get a story in the local papers to raise public awareness of this issue.
ADJOURNMENT
The meeting was adjourned at 9:40 p.m.
Barbara M. Christensen. Ci.ty Recorder/Treasurer ~, Mayor
Ci.tv Council Minutes 04/20/1999 8