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HomeMy WebLinkAbout2022-0719 Council Mtg MIN ASHLAND CITY COUNCIL BUSINESS MEETING DRAFT MINUTES Tuesday,July 19,2022 Mayor Akins called the Executive Session to order at 5:30 PM Councilors Hyatt,Graham, Moran,Seffinger,DuQuenne and Jensen were present. The Ashland City Council will hold an Executive Session and may conduct the following: 1. Deliberations with persons designated by the governing body to carry on labor negotiations, pursuant to ORS 192.660(2)(d). 2. City Manager Review, pursuant to ORS 192.660(2)(i). 6:00 PM Regular Business Meeting* I. CALL TO ORDER Mayor Akins called the meeting to order at 6:00 p.m. 11. PLEDGE OF ALLEGIANCE Moran led the pledge of allegiance, 111. ROLL CALL Mayor Akins,and councilors Hyatt, Graham, Moran,Seffinger, DuQuenne and Jensen were all present IV. MAYOR'S ANNOUNCEMENTS 1. Land Acknowledgement** Councilor Seffinger read the land acknowledgement. V. APPROVAL OF MINUTES Minutes of July 5,2022 Councilor Jensen/Hyatt m/s to approve the minutes of July 52022 Business Meeting All Ayes.Motion passed unanimously. VI. SPECIAL PRESENTATIONS&AWARDS VII. PUBLIC FORUM 1. Kelly Marcotulli/Ashland Wanted to raise awareness regarding the negative health benefits of 5G and the telecommunication ordinance that her and her allies have been trying to promote. Wanted the measuring of RF radiation to be placed on the ballot per the Council's referendum. 2.Susan Hall/Ashland Wanted to correct a statement that had been previously made regarding the definition of a forensic audit on social media. Defined the term forensic audit for the Council. Spoke to statements that Councilor Graham had made about the forensic audit to Mayor Akins. She wanted Councilor Graham to apologize to Mayor Akins and that her apology be added to the record. V111. CITY MANAGER REPORT City Manager Joe Lessard went over the Manager Report.A draft update of the telecommunications facility's ordinance would be sent out including updates about proposed 5G towers and infrastructure. Predicted extreme heat next week would cause the cooling shelter to open starting Thursday July 21. He noted a message from Ashland Fire Department that the city had entered the"hot and dry" part of the year, and that people within the community should be vigilant against the possibility of creating a fire hazard. Finally, he spoke about updates in the job description for an Emergency Management Coordinator created in tandem with Southern Oregon University. IX. CONSENT AGENDA 1. Coordinated Water Rights Management and Water Sharing Plan Intergovernmental Agreement DuQuenne pulled the item for discussion and asked Public Works Director Scott Fleury how much the residents of Ashland have paid into the Talent,Ashland & Phoenix water intertie system. Fleury did not know the exact number, since Ashland's involvement with TAP spanned back into the 90's. DuQuenne asked to focus on the last few years. Fleury estimated it was about $24,000 for the storage rights and $160,000 in fees for delivery of TAP water. Fleury noted that the cost from the City of Medford was the same amount that the City of Ashland was paying. DuQuenne asked about the potential of having 3,000,000 gallons per day, and how much the cost would be for that. Fleury was not able come up with a number and mentioned that additional work would need to be done before that number could be calculated. DuQuenne asked if the City would be able to remove themselves and re-enter into the Intergovernmental Agreement being discussed at a later time. Fleury was unaware that the idea was discussed but believed that it could be possible via an amendment within the IGA after the discussion. However, he pointed out that there was no way to re-enter if the City chose to exit the agreement at this time. Moran expressed interest in the total amount paid into the TAP system. Fleury responded that he would investigate the issue and find an answer that would satisfy the request of the Council. Jensen/Moran m/s to authorize the City Manager to enter into and sign the Intergovernmental Agreement for a Coordinated Water Rights Management and Water Sharing Plan. Discussion: Moran asked if the City Manager was involved with negotiations for the IGA. Fleury answered that the City Manager was not involved because of prior decisions made by the Council. He also added that since discussions regarding "water"would fall under the domain of Public Works, it would make sense that he would handle it as Public Works Director. He did offer an invitation for the City Manager to attend any of the forthcoming meetings about the issue if he wanted to. Hyatt felt that the agreement would go a long way with helping water rights and resource management. Roll Call Vote:Councilors Hyatt,Graham,Moran,Seffinger,DuQuenne and Jensen.YES.Motion Passes. X. PUBLIC HEARINGS XI. UNFINISHED BUSINESS 1. November 8, 2022 Election Referendums and Initiatives a. Measure 109 Psilocybin Two Year Moratorium Ordinance Mayor Akins decided to move Measure 109 up due to the large number of public comments. PUBLIC COMMENTS Ian Wallen/Ashland - Spoke in opposition to the proposed moratorium. Spoke about a planned treatment facility he was working on that would be put at risk if the measure passes.Wanted to create a safe and healthy space for people to be able to receive psilocybin. Was curious to the reasoning behind the measure being proposed. Ester Goldberg/Ashland - Spoke in opposition of the proposed moratorium. Spoke to her experience as a licensed therapist and to the use of psilocybin within therapeutic practices. Pointed to increased research into the therapeutic usage of psychedelics as a reason to safely regulate the usage of psilocybin as well as a short history of psilocybin research within the US. Felt there was no reason to establish a moratorium on psilocybin research. Prema Sagara (Spoke via Zoom) - Spoke in opposition to the proposed moratorium. Highlighted his experience working with psilocybin in a professional manner and its positive effects around certain mental health conditions.Mentioned a study from the University of Washington regarding psilocybin and its effects on depression. Felt that psilocybin usage could be a huge help to fight against addiction and that psilocybin cultivation would involve very little energy use.Wanted production levels to be set at a reasonable rate. Remined the Council that 80% of the voters in Ashland voted in support of measure 109 and felt that a moratorium would be ignoring their voices. Michael Novak/Ashland - Spoke in opposition to the proposed moratorium and about his experience getting licensed for psilocybin and his own experience with psilocybin in the context of recovering from addiction. Brought up his experience as a hospice worker and how psilocybin is used to help deal with anxiety over death. Explained the screening and preparation process that is done before any doses are administered.Wanted to work with the city Council on establishing the optimal time, place, and manner regulations for psilocybin. Eli Jackson-Bear/Ashland - Spoke in opposition to the proposed moratorium. Spoke about his personal experience with psilocybin and how it helped with therapy patients. Highlighted the effects of psilocybin have on various types of traumas. Jyoti Ma (Spoke Via Zoom) - Spoke in opposition to the proposed moratorium. Highlighted inaccuracies within the League of Oregon Cities documents regarding the definition of psilocybin service centers. Felt that these centers would serve as a method of harm reduction and provide a safe and healthy space for psilocybin usage. Highlighted the hypocrisy of 80% of the voters in Ashland voting in support of measure 109 and the Council wanting to impose a moratorium. Alexander Lucas/Ashland - Spoke in opposition to the proposed moratorium. Spoke to his studies in chemistry and his research in psilocybin. Felt that ongoing research into psychedelic usage in a therapeutic environment was very promising.Wanted to collaborate with the City in the area of time, place and manner for psilocybin services. Submitted a study from Johns Hopkins University on psilocybin usage and its effects.Addressed concerns the County Sheriff had about cultivation and resource usage. Lessard explained the background behind the proposed moratorium staff was seeking direction regarding the November ballot. He highlighted what other cities in the area were doing regarding psilocybin. Acting City Attorney Doug McGeary added additional information from LOC(League of Oregon Cities) on concerns over misuse of psilocybin. He felt that concerns were raised because of previous issues dating back to when marijuana was legalized. He laid out the three options available,which were to do nothing,to postpone or to prohibit. Sam Chapman was called for expert testimony. He spoke in opposition to the proposed moratorium and highlighted other options that were not highlighted by LOC. He mentioned that the "do nothing" option would still involve psilocybin facilities being highly regulated, but not beyond normal "time place and manner" rules. He also highlighted zoning and usage rules regarding Measure 109 that were not included within the LOC documents. Finally, he offered his expertise in areas of implementation of Measure 109 to the Council. DuQuenne thanked the speakers for their input. She voiced her support for working with the citizens of Ashland and experts in psilocybin therapy to craft a set of rules and regulations that would work for all parties. She also voiced her disapproval at the proposed moratorium.Graham spoke of her family's experience with addiction and mental health issues. She felt that the State had put in place appropriate regulations and voiced her disapproval of the proposed moratorium. Seffinger added her own experience working with patients using psilocybin and how it can be an effective treatment. She voiced her disapproval of the proposed moratorium. Hyatt pointed out that the facilities were already under the current OHA land use and that manufacturing cannot be within residential or mixed-use area. She felt that the current rules around land use were already adequate. She also pointed out that these treatment centers would have established safety plans for people before and after usage. Moran spoke about his own research into psilocybin and his disapproval of the proposed moratorium. Mayor Akins hoped that Jackson County would take note of the City of Ashland's policies around psilocybin usage.Seffinger asked if the City of Ashland would be affected if Jackson County voted to either ban or impose a moratorium on psilocybin. McGeary responded that an ordinance created by Jackson County on psilocybin usage would not affect the City of Ashland,as it would have no effect within city boundaries unless there are specific statutes allowing for the county rules to supersede city rules. Lessard added that the hypothetical county ordinance would only affect unincorporated areas of Jackson County. Jensen/Seffinger m/s to not refer an ordinance to public vote relative to any moratorium of the manufacture and sale of psilocybin products within the city of Ashland. Discussion:No discussion. Roll Call Vote:Graham,Hyatt,Seffinger,Jensen and DuQuenne YES.Motion passes b. Food and Beverage Tax Ballot Lessard explained the ordinance and the changes that had been made since it was last discussed by Council. He also broke down what the revenue from the proposed tax would go to and what the next steps would be for the Council. DuQuenne asked Lessard about language involving city employees reporting to the city manager. Lessard responded that it had already been given to the county election officials and, since it was not an ordinance, did not require a first and second reading. Hyatt asked about the variability of revenue streams and how to ensure stable revenue to avoid a structural deficit. Lessard responded that the Food and Beverage tax would be a limited lifetime source of funding. Even though it had a termination date in the far future, he thought it was wise to consider it as a limited revenue source to be used for one-time expenses and other specialized items. He stressed that he did not want the City to become tied to this particular source of funding. Hyatt clarified that she was trying to figure out what areas to prioritize for economic development. She hoped that the revenue from this tax would go towards that area and help clear several funding hurdles with one measure. Lessard responded that a flexible revenue source had broad spending discretion. By contrast, a limited revenue source has a much narrower area of usage. He felt that removing the deadline around the tax would give the council more flexibility and possibly cut fees involved with economic development.Akins added that she was unsure it was possible to cut economic fees because of changes in leadership and changes in the nature of the fees. Graham asked why the language in the tax hadn't articulated the limitation regarding usage based off Lessard's previous comments. Lessard responded that he did not want to recommend to the Council to self-restrict revenue. His comments about single usage came from the tax having a hard deadline and hoped that the money would be put to programs that likewise had a hard deadline or a one-time expense/purchase. He wanted to make sure that the operational functionality of the city remained intact.Jensen asked about the origins of the 2040 sunset date, adding that the tax would be paid by the people of Ashland. He wasn't convinced that the people would be supportive about the tax, adding that he wanted the City to get a handle on its spendings. Seffinger asked if there were any long-term solutions available for funding Parks beyond just the tax and noted that Parks had been receiving funding cuts that she wanted to be reversed. Lessard responded that it was more a question for Council to answer with the biennium budget. Seffinger felt that she could not support the tax as Parks would not be getting any benefit from it. DuQuenne expressed that she would accept the tax as it is written and that it was unfortunate that the people of Ashland would not be able to weigh in. Akins suggested amending the Tax to have a sunset date of 2030. Graham asked that if the Council put the tax to the voters, would the City be able to help the community as to why this was happening. Lessard responded that the City can not advocate for one position over another. Instead, it must provide factual and neutral information that would be checked by Oregon Secretary of State and the Jackson County Election Commission.Akins summed up that the options would be all in (no sunset date),all out (taking it to the voters) or the middle ground (which was the 2030 sunset date). She saw that all three options had their pros and cons. DuQuenne/Moran moved to approve the First Reading of Ordinance No.3212,an ordinance relating to the Food and Beverage Tax;Amending AMC 4.34.020 and AMC 4.34.160 and advance it to Second Reading for referral to a vote of the qualified voters of the City of Ashland at the November 8,2022 General Election,with changing the date to 2030.Discussion:Moran said that 2040 was too long of a term and that 2030 would work better. Hyatt stressed the importance of improving sustainability and stability in the budget. She felt that taking the date to 2030 would not accomplish that goal. She expressed interest in taking the measure to the people instead. Graham agreed with Hyatt, adding that she would not support the motion. Jensen expressed that he would not support the motion because of how restrictive the language was. Akins asked what would happen if the motion did not pass. Lessard responded that there would be no change and that the money would be allocated for the Parks Capital Improvement Plan. Roll Call Vote:Hyatt,Graham,Seffinger and Jensen:NO. Councilor Moran and DuQuenne:YES. Motion failed 2-4. Jensen/Hyatt moved to approve First Reading of Ordinance No.3212) relating to the Food and Beverage Tax;Amending AMC 4.34.020 and AMC 4.34.160 and advance it to Second Reading for referral to a vote of the qualified voters of the City of Ashland at the November 8,2022 General Election and removing the termination date. Discussion:Jensen praised Hyatt's comments and spoke about how the revenue source could be used for economic development. Hyatt wanted to get public input on the recitals section of the ordinance and hoped that the City Manager could include language tackling that request. She wanted to make sure the public was aware of how the tax would affect them. Lessard said that the City would need to pass a resolution to add recitals to obtain public input. Akins suggested taking a vote on the motion on the floor and then creating an amendment about recitals. Lessard suggested deleting the termination tax portion of the document,which McGeary agreed could be done. Hyatt responded that the removal of the end date would allow for greater flexibility for those dollars that can be used for maintenance and operation. Akins expressed confusion regarding what exactly was being removed. Lessard responded that the only section being removed was on the exact end date. DuQuenne added that there would be money set aside for a navigator to go through codes and permits to help business owners. She spoke in concern of the 2040 date and felt that it is a crutch and burden to the people of Ashland. Mayor Akins said that it was not what the residents voted for initially. Roll Call Vote: Hyatt,Graham,Jensen,Seffinger,DuQuenne and Jensen:NO.Motion failed Hyatt/Jensen m/s to approve First Reading of Ordinance No.3212 relating to the Food and Beverage Tax; Amending AMC 4.34.020 and AMC 4.34.160 and advance it to Second Reading for referral to a vote of the qualified voters of the City of Ashland at the November 8,2022 General Election with the termination date of 2040. Discussion:None. Roll Call Vote:Hyatt,Graham, DuQuenne and Jensen:YES. Seffinger and Moran:NO. Motion passed 4-2. XII. NEW AND MISCELLANEOUS BUSINESS XIII. ORDINANCES,RESOLUTIONS AND CONTRACTS 1. Second Reading of Ordinance No. 3210 Relating to Notice of Meetings Jensen/Hyatt m/s to approve second reading of Ordinance No.3210 for enactment. DISCUSSION:No Discussion Roll Call Vote:DuQuenne,Seffinger,Jensen,Graham,Hyatt and Moran:YES Motion Passed 2. Dry Creek Landfill Biosolids Disposal - Sole Source Procurement Public Works director Scott Fleury explained the purpose of the contract He also explained the changes between the 2021- and 2022-years regarding cost and increase in sludge levels. Akins asked if the contract would involve financing a new centrifuge,since one had recently broken. Fleury claimed that the centrifuge was not part of this particular contract and thanked the Council for approving funds elsewhere for both new equipment and repairing old equipment. He added that back up plans were in place in case of emergencies.Graham asked if this contract would affect ongoing conversations about the potential changes to disposal of biosolids. Fleury confirmed that those conversations would not be affected by this contract and added that Public Works was conducting a feasibility study around composting the waste as opposed to landfill disposal. Fleury estimated that it would take around five to seven years for the amount invested into composting the waste to be equaled by saved cost. Jensen/Hyatt m/s to approve the public contract award to Dry Creek Landfill for the disposal of biosolids. Discussion: Moran felt that the City should be looking to regionalize its infrastructure,and that this contract is not the best way to move forward. Hyatt responded that this contract deals with the here and now, is the closest site to haul to and fits the requirements from the Oregon Department of Environmental Quality. Roll Call Vote:Gaham,Jensen,Seffinger,Hyatt YES Moran and DuQuenne No.Motion Passed 4-2. 3. Contract Amendment for the Japanese Garden Parks Director Michael Black explained the proposed amendment to the contract regarding the Japanese Garden. He also stressed that the project has been completely paid for by donations, including the changes made within the proposed amendment. Parks was hoping to open the Japanese Garden some time in 2022.Jensen and Moran thanked the Parks staff and the financial donors for their time and effort. Moran asked if the Japanese Garden would have a fee to enter. Black responded that there was no discussion regarding entry fees nor any plans to have such a discussion. Seffinger praised the Parks team for making the Japanese Garden ADA accessible. Graham/Seffinger m/s to approve the change order to increase the Japanese Garden project contract with Japanese Garden Specialty,LLC by$317,669.00 Discussion: No Discussion Roll Call Vote:Graham,Jensen,Seffinger,Hyatt,Moran and DuQuenne YES.Motion Passed. XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Hyatt informed the council of a forthcoming webinar about safety improvements and traffic calming for Ashland neighborhoods on July 20, 2022.Jensen asked if the webinar was organized by the Council or the transportation committee. Hyatt responded that it was organized by the group Streets For Everyone. XV. ADJOURNMENT OF BUSINESS MEETING Meeting Adjourned at 8:21 PM. Respectfully submitted by: ` City Recorder Melisse Huhtala Nunc pro tunc Alissa Kolodzinski Attest: Mayor Akins-Nunc pro tunc Tonya Graham