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Home My WebLink About2024-09-17 Council Mtg MINASHLAND CITY COUNCIL BUSINESS MEETING MINUTES Tuesday, September 17, 2024 6:00 PM Business Meeting I. CALL TO ORDER Mayor Graham called the meeting to order at 6:00 p.m. a. Land Acknowledgement" Councilor Hyatt read the land acknowledgement. PLEDGE OF ALLEGIANCE Councilor Dahle led the pledge of allegiance. III. ROLL CALL Mayor Graham, Councilors Hyatt, Dahle, Bloom, DuQuenne, and Hansen were present. Kaplan was absent. IV. MAYOR'S/ CHAIR OF THE COUNCIL ANNOUNCEMENT Graham thanked responders to the recent 1-5 fire for keeping the public informed regarding evacuation needs. V. APPROVAL OF MINUTES a. Minutes of the August 19, 2024, Study Session b. Minutes of the August 20, 2024, Business Meeting Hyatt/Dahle m/s to accept the minutes of the August 19 Study Session, and August 20 Business meeting Roll Call Vote: Councilor DuQuenne, Hyatt, Bloom, Dahle, and Hansen. YES. Motion passed. VI. SPECIAL PRESENTATIONS VII. CITY MANAGER REPORT City Manager Sabrina Cotta gave a summary of her report. The Electric Master Plan has been completed, is under staff review, and will come before Council at its next Study Session. The fiscal year-end accounting and audit is underway, and applications are being accepted for the Citizen's Budget Committee. Cotta thanked staff and regional partners for the quick response to the 1-5 fire on September 4th. Cotta congratulated Ryan Creason and Sydney Jenkins with Ashland Fire and Rescue for their recent graduation from Eastern Oregon University and congratulated Ryan Stowasser as the City's new Innovation and Technology (IT) Manager. Recruitment for a new IT Director is coming soon. Public Works is working with the City's grant writing firm on the pre -application for a grant to fund the water treatment plant. Cotta invited the community to the Southern Oregon Pride event on October 5, 2024. City Council Business Meeting September 17, 2024 Page 1 of 7 VIII. PUBLIC FORUM Thor Morris/Ashland- Spoke as a member of Streets for Everyone, a volunteer team of the Ashland Climate Collaborative, and acknowledged the work on Ashland and East Main Streets between Mountain and Walker. Morris invited participation in the Week Without Driving challenge from September 30 to October 6, 2024 and the First Friday bike ride Oct. 4, 2024. Leda Shapiro/Ashland - Thanked Council for her appointment to the Citizen's Budget Committee in 2023 and spoke that she participated in the 2023-25 budget process. Shapiro spoke that she did not receive the personnel information for salaries and benefits that she requested for this budget cycle. Shapiro spoke of following up with a public records request, bringing it back to the Budget Committee where she was treated rudely, and speaking to the City Attorney with no results. Shapiro resigned from the committee. IX. CONSENTAGENDA a. Budget Related Resolution #2024-25 Closure of Unnecessary Funds b. Approval of Liquor License for the Drift Collective LLC C. Building Appeals Board Appointments e. Municipal Audit Committee Appointment Councilor Bloom/Hansen m/s to approve the consent agenda Roll Call Vote: Councilor Hansen, DuQuenne, Bloom, Hyatt, and Dahle. YES. Motion passed. X. PUBLIC HEARING a. Appeals for Termination of Utilities Hearings Acting City Attorney Doug McGeary provided an overview of the process for the hearing. Graham asked McGeary if the Council would be deciding if the City acted appropriately in following it's process, which McGeary affirmed. City Recorder Alissa Kolodzinski spoke that both residents with hearings filed an appeal in writing at which point their electricity was turned back on until the hearing was held. Finance Director Mariane Berry spoke that the customers were offered the option to follow the current process under the current Ashland Municipal Code (AMC) or to wait for their appeal to be reviewed under the pending update to the process in the AMC. Both appellants opted to proceed. Deputy Finance Director Bryn Morrison provided a summary of the AMC that requires City Staff to follow its procedure for delinquent accounts and spoke of the steps taken by the City before utility shut-off. Dahle asked about the timeline from notice to service shut-off. Morrison spoke that the first notice of delinquency happened when the new bill was sent with the unpaid charge. A call was then made to the customer the following week and two separate door hangers were brought by staff to the residence following that. Morrison spoke that generally it takes four to six weeks from first notice,of delinquency to disconnect for non-payment. Morrison also explained that disconnect processing is postponed during severe weather events when the City Council Business Meeting September 17, 2024 Page 2 of 7 emergency shelter is activated, which applied to the two cases under review. DuQuenne asked how much time customers are given to work with assistance providers. Morrison spoke that the first door hanger states customers have 7-10 days to make those attempts and are also offered the opportunity to enroll in a payment plan. Graham confirmed with Morrison that customers having difficulty making payments can reach out to Utility Billing to set up a payment plan. Morrison provided the dates and methods for communicating with Customer One. Graham asked to hear from Customer One or anyone else that might speak on their behalf Graham polled the Councilors: all agreed the City followed its process and should offer a payment plan as a remedy. Morrison provided the dates and methods for communicating with Customer Two. Graham asked to hear from Customer Two. Customer Two spoke about their circumstances. Graham polled the Councilors: all agreed the City followed its process and should offer a payment plan as a remedy and offer guidance to available assistance programs. b. First Reading - ORD 3244 Amending AMC 2.10 to Establish Uniform Policies and Operating Procedures for City Council and Management Advisory Committees McGeary reviewed the history of the ordinance and the reason for changes. McGeary asked for clarity regarding expectations for committee attendance. Cotta spoke of the desire for in - person meetings. Bloom spoke that committee members are volunteers whereas Councilors receive a stipend, so expectations could be different. DuQuenne asked about Commission terms and McGeary said this Ordinance only applies to Committees as Commissions have their own rules. Hansen spoke in favor of two- or four-year limits rather than three years. Bloom agreed that changing the term limits makes sense. McGeary spoke of the change so the Citizen Budget Committee (CBC) and Planning Committee (PC)would not be subject to this ordinance. Hyatt and Graham added that the Audit Committee (AC) should not be subject either. Hyatt spoke in favor of two-year terms with an eight -year term limit and a two-year break to serve on the same committee or no need for a break to serve on a different committee. Bloom asked about co-chair terms. DuQuenne suggested adding 'chair/co-chair' whenever 'chair' is mentioned. Graham asked about the age stipulation for voting members, clarifying telephonic attendance, and removing any need for 2/3 vote since committees will not handle such matters under the Quorum and Voting section of 2.10.05. Bloom suggested that staff time must relate to a direct charge of the committee under role of staff 2.10.035. Bloom also asked for clarity around lobbying or representing the City related to ORS 60.432. Graham confirmed with McGeary that these changes would be made and brought back again for a first reading. Review of suggested edits • Pulling out CBC, PC and AC's • Term limits of eight years with terms of two-year appointments • Break before serving same committee of two years City Council Business Meeting September 17, 2024 Page 3 of 7 • If moving to a different committee no break is needed • Chair or Co -Chair term -limit of two -years • Renewal annually • Transition terms to commence Jan 1 commensurate with a calendar year with unexpected vacancies appointed as appropriate • Address voting members are 18 years or older. (Non -voting are not part of quorum) • Strike telephonic attendance from quorum section • Remove the requirement of a 2/3rds vote of members present • Staff time must relate to a direct charge of the committee in 2.10.035 • Lobbying and representing the city - declarative statement? How do we provide greater clarity? Open Public Hearing Linda Peterson Adams/Ashland - Thanked the Council for updating the ordinance and spoke in support of making it easier to volunteer by providing technology for hybrid meetings, no term limits, continue to allow service on more than one committee, allow chairs to serve two-year terms, and to clarify the social media policy related to ORS 60.432. Closed Public Hearing Graham polled councilors: Hansen spoke in favor of a four-year term for chairs. DuQuenne, Dahle, Bloom, and Hyatt favored two-year terms. DuQuenne suggested limiting service to not more than 2 committees. Staff will make the requested changes and bring the ordinance back for another first reading. Recess 7:53 to 8:00 pm c. First Reading - ORD 3246 Annexing Property and Withdrawing an Annexed Area from Jackson County Fire District No. 5 (East Main Park - Planning Action #PA-T3-2024- 00009) Brandon Goldman Community Development Director spoke about this 6.51 acre plot of land off of East Main Street purchased by the Parks and Recreation Commission and explained this proposal is to annex the property into the City which is a Type III planning action approved by Planning Commission. Aaron Anderson, Senior Planner, provided a presentation of the project (attached) that included a bike pump track, skills course, dog park, community garden, and sports court/play area. Hansen asked how the bike lanes on East main would integrate with this plan. Anderson responded this is included in the civil plans. Rocky Houston Director of Ashland Parks and Recreation, and Piper von Chamier from Terrain Landscape Architects addressed Council. Houston spoke that the City will soon find out the about a grant application to help fund the improvements. Bloom asked Houston about the grant. Houston spoke of Phase 1 as the dog park, bike pump track, and restroom with considerations pending related to grant funding. If grant is awarded, the project could begin in late 2025 and open the following year. DuQuenne asked how much the grant award would be. Houston responded this would be for about 50% of the project: the grant would be about one million with the total project estimated at about City Council Business Meeting September 17, 2024 Page 4 of 7 two million. DuQuenne asked how many phases the project would be broken up into. Houston spoke of two or three phases depending on budget and final design considerations. Hansen asked what public engagement was involved in getting the various components integrated into this project. Von Chamier spoke of numerous public meetings, many of them attended virtually though the COVID years with between 150-200 people where the community provided all of these project pieces. Open public hearing. No comments. Closed public hearing. Hansen/Bloom m/s to move to approve Ordinance No. 3246, an ordinance annexing the property and withdrawing the annexed area from Jackson County Fire District No. 5, approve the Site Review application, and adopt the Planning Commission's findings from August 13, 2024, as our own for Planning Action #PA-T3-2024-00009. Discussion: Hansen spoke that this would contribute to the City's goal of having a park within a quarter mile from every home. Bloom spoke in favor of this for South Ashland. Hyatt spoke that this directly aligns with the City's value to promote public health and quality of life. Dahle and DuQuenne agreed. Roll Call Vote: Councilor Dahle, Bloom, DuQuenne, Hyatt and Hansen. YES. Motion passed. XI. UNFINISHED BUSINESS a. Ashland City Council and Ashland Parks and Recreation Commission (APRC) - Operations and Culture: Recommended Framework Mayor Graham introduced the topic as a follow-up from the joint session with the APRC. Graham explained the goal to replace the many Memorandums of Understandings (MOU's) by amending the Ashland Municipal Code (AMC) with this Ordinance. Graham spoke of three Items for consideration to change as referred from the APRC: 1) Item under Special Circumstance will be changed to read: combined joint Executive Session will be called by the City Manager in coordination with the APRC Chair and the Mayor. 2) On page three, the word 'ensure' will be replaced with the word 'support'. 3) On page four, change in the title from 'Legal Department' to 'City Attorney Hiring Process and Legal Conflicts'. Graham clarified that this ordinance is planned to go along with a related ordinance that will create the Ashland Parks and Recreation Department. Dahle and DuQuenne asked if this would replace the MOU's in place which Cotta affirmed. Graham confirmed with Cotta and McGeary that staff had what they needed to move forward with drafting the ordinance. XII. NEW BUSINESS XIII. ORDINANCES, RESOLUTIONS AND CONTRACTS a. Second Reading ORD 3242 - AMC 14.02 Utility Billing Customer Policies Berry and Morrison spoke about the second reading and the need for the ordinance which creates a Utility Appeal Committee. City Council Business Meeting September 77, 2024 Page 5 of 7 Hyatt/Bloom m/s to approve the Second Reading of Ordinance 3242 - AMC 14.02 Utility Systems Customer Accounting Policies and advance for enactment. Discussion: Hyatt spoke that this helps with customer privacy and thanked the department. Bloom agreed. Roll Call Vote: Councilor Bloom, DuQuenne, Hyatt, Dahle, and Hansen. YES. Motion passed. b. Second Reading ORD 3243 Amending AMC Chapter 9.08.170.D.6 and 9.080170.D.11 Unnecessary Noise Cotta spoke about this as an update to the ordinance to regarding work hours during excessive heat conditions. Dahle asked if this will apply from June through September regardless of heat advisory forecast which Cotta confirmed. Hyatt asked about the five o'clock start time in the morning. Cotta spoke this would allow workers to gather at that time, but work isnot likely to start until six o'clock. Bloom and Graham asked if the ordinance could be written for only when there is a heat advisory. Cotta responded about related difficulty in operational planning. Hansen spoke of his experience in construction working on hot surfaces and suggested leaving the option open for early work during these months. DuQuenne agreed and spoke in favor of consistency for workers to get the job done. Dahle asked McGeary for clarification regarding the work times referred to in Section 1-D-6, and McGeary confirmed that the adjusted hours pertain to Section 6. Public Hearing opened Dan Van Dyke/Ashland- asked the Council to slow down and to not pass the ordinance. Van Dyke expressed concern about livability and that residents may not be aware of this. He spoke that the OSHA standards can still be met at construction sites and that limiting excessive noise is standard practice of city government. Public Hearing closed Graham asked what engagement was done to understand construction needs prior to this conversation. Cotta spoke about the impact heat has had on City operations such as street paving which has been limited due to the current noise ordinance. DuQuenne asked if we could consider doing this as a pilot project. Cotta responded that is up to Council. Hyatt asked if the relaxation of hours was only for City operations. Cotta spoke that the leaf blower allowance is specific for municipal operations, whereas the allowance for construction is open. Hansen/Hyatt m/s to approve Second Reading of Ordinance #3243, "An Ordinance Amending AMC Chapter 9.08.170.D.6 and 9.08.170.D.11 Unnecessary Noise to Accommodate Working Conditions in Extreme Heat Between June and September. Discussion: Hansen spoke of experiencing more hot days each year and that this ordinance provides consideration for those affected by working in the heat. Hyatt spoke about the importance of the health and safety of workers in this community as we experience progressively hot seasons. Bloom is in support as it improves worker protections. Dahle encouraged common sense when using this ordinance and will support it since it can be brought back before Council in the future if needed. DuQuenne agreed. City Council Business Meeting September 17, 2024 Page 6 of 7 Roll Call Vote: Councilor Bloom, DuQuenne, Hyatt, Dahle, Kaplan, and Hansen. YES. Motion passed. c. Contract for TAP ARPA Grant Scope 1 - Bear Creek Drive Waterline Seismic Retrofit, Project 2021-13. Scott Fleury Public Works Director spoke about the background and need for this project to reinforce this water transmission line which will be funded by American Rescue Plan Act (ARPA) funds that the City has received. Hansen asked about the discrepancy between the bids in the contract. Fleury explained the bid from a company who does not typically bid on these kinds of projects. Fleury added that the projected expenditure decreased from the original bid due to changes in the project from replacement to reinforcement. DuQuenne asked how subsequent project costs would be funded. Fleury responded these TAP improvements will be funded by the same ARPA grant and would come before Council in October or November. DuQuenne asked if any expenditures over the projected amount would be split between the three cities of Talent, Ashland, and Phoenix who are partners with this water intertie, which Fleury confirmed as outlined in the TAP master plan. Hyatt/Bloom m/s to award a public improvement contract to Pilot Rock Excavation for Project No. 2021-13 Bear Creek Drive Waterline Seismic Retrofit, in the amount of $504,000. Discussion: Hyatt spoke about the importance of protecting our water resource and thanked the partner cities also working on this. Bloom agreed. Dahle spoke appreciation for the TAP Master Plan. Roll Call Vote: Councilor Bloom, DuQuenne, Hyatt, Dahle, Kaplan, and Hansen. YES. Motion passed. XIV. Other Business from council members/reports from Council liaisons Graham acknowledged and thanked those who were appointed to the Building Board of Appeals: Brian Dunnigan, James Ackery, Chris Brown, Mike Davis and Oscar Zuniga. Graham spoke that the Audit Committee is now complete and thanked Kristen Roy who has stepped forward to serve on that committee. XV. Adjournment of Study Session Bloom/DuQuenne m/s to adjourn. All in favor. The meeting was adjourned at 9:10 p.m. Respectfully Submitted by: -464-ka �A&& City Recorder Alissa Kolodzinski Attest: )� AJ,— Mayor Tonya Graham City Council Business Meeting September 17, 2024 Page 7 of 7 fir'/ r �f a i ` l• � -yt. fTi , / i .� it •'� _r , Annexation —Type 3 action Type III actions are reviewed by the Planning Commission, which makes a recommendation to City Council. The Council makes final decisions on legislative proposals through enactment of an ordinance. Legislative requests are not subject to the 120-day review period under subsection 18.5.1.090.13 (ORS 227.178). �. "' ::,: „ kF' '4 c• ��`' �.'.. gat � i ,. Introduction - East Main Park During the design process the Parks dept has had multiple public meetings and surveys to gain stakeholder input. These meetings were held across several years between 2019 and 2022. The Parks Commission approved final designs at their November 08, 2023, business meeting The Planning Commission recommended approval of annexation and Site Design Review approval on july 91h 2024, and adopted findings at their August 6 t h 2024 regular meeting r z �. ,....- n , . �_ �'�... �, x - .. —� - �..xn. H .� .r� ` � . s, n- . ��+. �4- : � a�.e �+.�z. �. � . �,- •.t� �. Sri' M.�.t�,h�a2' . �.5::: Annexation & Site Design Review Because it is an annexation it requires council approval and adoption of an ordinance Because the city is the owner of the property, and that all the land that is proposed to annex is for parks purposes the complexity associated with a typical annexation is absent. 0 71 2090 2120 i f GRf EK OR 2110 235 237 241 243 ------------------------------ i 1 p0� 12 RRS7' 24 \ 2290 3036 t2 1 48 1 O r 46 66 O Fq `'2 45 S� 72 51 18 55 84 96 - -• - ' 1 ` 2228 65 76 57 102 63 1 2228 75 B2 69 8187 108 Ifi 85 114 88 ' 1 1310 1 95 94120 29 126 105 z 112 14135 132 cc 115 Y 118 138 w 140 126 O 153 w 144 a 1 1 i 135 m 13024 159 150 z 1 i 1 200 145 142 165 e 171 156 1 1 155 165 162 177 1 183 168 _ ABBOTTAV 17755 ?351 1367 174 2356 237E 2335 180 i ?202 2220 2233 2262 227.1 186 ABBo rr,q _ _ _ __ _ _ _ _._ 1 229 2128 2M 7?21 2239 2245 2267 2269 23013 324 2349 2372 !388 212: A 233 237 242 239 DOLLARHJDE WY 244 241 2264 RENDERING BY TERRAIN LANDSCAPE ARC-HiiECTURE Application A request for annexation and zone change of a 6.51-acre property and 0.97 acres of adjacent Right of Way (7.48 acres in total). The application also includes a request for Site Design Review approval for a city park. The proposed amenities include restrooms, a bike park with pump track & skills course, fenced dog park, play area, and community garden. n g y Application Materials Staff report summarizes the following: Findings of Fact for Annexation Findings of Fact Site Design Review Landscaping & Site Plan, and Civil engineering Plans Traffic Impact Analysis (TIA) Legal description and survey of land to be annexed - � N WVD SU n - OJ.W _ _ _ _----�,� A.60 Jt5.73 --j' —_ EMMIT nBrr g� 36.1a' 3 1ANNEXA7I0N EXHIBIT MAP O N A n o ~' OJL 2018-025397 b 1.03 ACRES ��•,^ Ponn OF aEcmxrn'c L7EARs - LYARf NTUATE R4 �wSO(IrFISVEST' QUARTER OF SECTION I NORTH 00'00'55' EAST, 1972JA FEET 79.E CHAINS) \ / cZxsr>rr39 SOU7Ti, RANGE / EAST, WA b A Iy� h ,Z (DEED RECORD }MRIH FROM THE SOLIN OUARTER CORNER GFIACKSONCOUNTY, ,�, 1 OREGON SECaq)N f l IFAN EQ.W.- P 39 SOURL.. I r� \ FOR = Wj� N 00'0640 W - 332.Da RANGE—f Si OF TW NKLAM£77£ MERA7MN. JACKSON COUNTY. OREGON ! '� AsLlaad Parks &Recreation Dept. 3Ashlan4 Orogon 97S20 a yj TOTAL ANNEXATION AREA 7.4g AC -ES q b /Ifh- 1yp I444.�_�� E I I� o 11� n < SSL, R O.R. 2018-037280 _ fi N O L E _ a STREET SCALE, f- = 100' <�� 0q Ta.3�---- S ti Iti.0 IST u PROWS LAND SURIVEYOR z N 5 00'0655" E - W&;Is' ` I < 4ncco 1 I ( III 1I 1 4�AWi��MPYMY l!w,yJ ryj i I I RcNLYN. CAM: 6/SO/2025 w IH1E iASIS FOR AMRZOMALI CONTROL !'OR AS 8 ej SURVEY t5 THE OREGON COORDINAIE R£IZRFNCE SYSTEM (OCRs' GRUNTS PASS TO ASHLAND ZONE, I SUPVEYED 13Y: o NA083 (ZOO!) EPOCII 2010.00. I I I '285, POLARIS LAND SURVEYING LLC 9 :W' y 5 aro6 S.5 f - ASHL.AND. OREGON 97520 (541) 482-5009 A Y L ----- —' '--- DATE: APRI) 16, 2024 >i< Ass 72 Mop Na 39 IE 11 W. fm Lot 100 k 200 S; _. , PROJECT NO, 7426-22 POLARIS LAND SURVEYING -- L— 3 3�i 1 S N I b W 1 S ------ ---- - _ y_ g � ^--` L� _ 1 I — MEN } A. That the annexed area is within the City's Urban Growth Boundary. B. That the annexation proposal is consistent with the Comprehensive Plan designations. Approval Criteria - C. That the annexed area is contiguous with the Annexation city limits. D. That adequate City facilities are available as determined by Public Works. E. That adequate transportation can and will be provided to serve the annexed area. Underlying Zone (18.2) Approval Overlay Zones (18.3) Criteria — Site Design Site Development and Design Standards (18.4) City Facilities (18.4.6) 4t. d l4 � V