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HomeMy WebLinkAbout1997-1216 Council Mtg MIN-~GgNDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 16, 1997 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:04 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen, and Wheeldon were present. Councilor DeBoer was absent. APPROVAL OF MINUTES The minutes of the Regular meeting of December 2, 1997 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Presentation of retirement plaque to Tim Caswell, Engineer for 25 years of service with the Fire Department. Mayor Golden read a brief history of Tim Caswell's service to the City, expressed her appreciation and presented him with a retirement plaque. Tim Caswell Jr. paid tribute to his father, and spoke of his strong commitment to his family. 2. Presentation of retirement plaque to Jerry Glossop, Street Superintendent for 25 years of service with the Street Division. Mayor Golden read a brief background of Jerry Glossop and expressed the City's appreciation for his service. 3. Mayor's Proclamation declaring January 10, 1998, as "Christmas Tree Recycle Day in Ashland." Mayor Golden read proclamation, noting the contributions of Troop 112 of the Boy Scouts of America, Ashland Host Lions and Early Bird Lions. All citizens were encouraged to set their trees out near the curb on Friday, January 9th, to be picked up January 10th, and to consider making a donation to assist the Troop in their community service activities. 4. Introduction and presentation by the Traffic Safety Commission. Paula Brown spoke briefly on the Traffic Safety Commission and introduced Pam Barlow, Public Works staff liaison to the commission. Pam Barlow introduced members of the commission who were present: Bob Goeckermann, David Fine and Joam~e Navickas. Noted Safety Chicken programs emphasizing Crosswalk Safety Week in June, back to school crosswalk safety programs and visits to kindergarten classes. Also stated that despite Ashland's having some of the highest volumes of pedestrian traffic in the state there has not been a pedestrian traffic fatality in approximately six years. Commissioner David Fine spoke concerning neighborhood traffic management, explaining both the reactive and proactive elements. Discussed general disregard of pedestrian crossings by motorists on Siskiyou Boulevard near Southern Oregon University, and the problem with jaywalking in the same area. Also noted the commission's concern with the number of intersections between the library, fire station, and Gepetto's restaurant. Stated that the commission will be taking a long-term look at this area with help from the Oregon Department of Transportation (ODOT). Barlow noted the value of citizen input. Also noted that commission is looking at ways to improve disabled access around the community. City Council Meeting 12-16-97 1 Councilor Laws, council liaison to the commission, spoke on the conflict between engineering standards and perceived common sense and noted the role of the commission in finding a compromise between these two. 5. Recognition of OMECA Bonus to City of Ashland. Conservation Division Manager Dick Wanderscheid spoke of the successful relationship with OMECA. Explained that as this relationship is coming to a close, the City has qualified for a bonus payment for exceeding the goals of the agency. Noted that Ashland was one of six utilities to receive this bonus, along with a letter from the Governor commending their cost-effective conservation programs. Noted that the bonus check was in the amount of $44,490, or 80% of the total bonus with the remaining 20% due on completion of the program. Pointed out that the total levelized cost of Ashland's programs was only .85/Kwh, which was the lowest cost of any OMECA utility. Noted that a total of $6.3 million in conservation funding has been provided to Ashland since 1980, and recognized the contribution of Conservation staff members Stu Smith, Sonja Ackerman, Robbin Pearce, and Cathy Cartmill. Mayor Golden noted the revenues received from the Utility and the community commitment to conservation. Noted statewide recognition of Ashland's conservation efforts. Councilor Hagen commented on how easy the conservation staff had made it for him to utilize the available programs and cut his electric bill in half. Councilor Reid pointed out that Ashland leads Oregon in demonstrating how effectively conservation programs can be. Presentation by R.V.C.O.G. and Public Works Director regarding the T.A.P. waterline intertie project. Public Works Director Paula Brown introduced Tom Bazo, Planning Director of the R.V.C.O.G. and Jennifer Lee, who has worked extensively on the intertie project for R.V.C.O.G. Bazo spoke of the project's history. Stated that Phoenix's growth issues had necessitated an increased water supply in order to allow growth within the Phoenix urban growth boundary, and that Talent also had a need to increase their water supply. Explained that while Ashland has no system problem, the intertie offers an opportunity for emergency planning for drought situations or to accommodate future growth. Noted that an engineering study was completed last summer to determine alternative locations for the intertie line. Potential sources of funding have been identified, the environmental review is nearly complete and preliminary engineering has been completed for Phoenix and Talent. Bazo explained that Ashland's decision to participate in the process will determine if there is a need for an incremental increase in line size between Phoenix and Talent to allow for a potential connection to Ashland in the future. Noted the intention to follow the railroad tracks, and the need to make decisions and apply for funding as soon as possible to obligate funds for the project. Councilor Laws questioned what the latest date for moving ahead with application for funding would be. Bazo responded that the funding sources have been identified, and application needs to be submitted as soon as possible. Stated that the current intention is to have the application submitted in January. Mayor Golden asked about funding sources, and Bazo explained that funding will be through a rural development loan package. 2 Councilor Wheeldon inquired about the source of the water. Bazo noted that the water is from the Medford Water Commission's spring near Butte Falls. Councilor Laws questioned whether Lost Creek reservoir water would be used. Mel Winkelman/2965 Hollyburn Ridge, Medford/Vice Chair of the Medford Water Commission and Ed Olson/Medford Water Commission Manager/Speaking on behalf of the Medford Water Commission, Winkelman noted that the commission takes no position with regard to Ashland's decision on participation in the project. Explained that Big Butte Springs watershed water is used entirely in the summer, but that there would be some surplus from that source in the winter. The water reserved for the T.A.P. intertie project would come from the Lost Creek dam reservoir and the U.S. Army Corps of Engineers. Medford Water Commission would only contract to treat and transport water. Medford Water Commission representatives explained that the City would purchase water rights and the Medford Water Commission would provide treatment and transportation. Noted that Medford Water Commission does not sell water, they only treat, process, and transport it, as they do for Phoenix. Also noted that they will soon exceed stream flow rights, and will begin purchasing water from Lost Creek Reservoir. Explained that Medford Water Commission has surplus at the time that Reeder Reservoir is drying up in September, and this could benefit Ashland by ensuring a year round supply. Also noted that a cost savings would be available when dealing with the volume of water involved in the intertie project. Councilor Wheeldon again questioned the source, expressing her concern as to the continued availability of water over the long-term. Olson noted that in terms of relative volumes used, the Medford Water Commission's usage represents a small portion of Rogue River flows and that this should be secure. Explained that Lost Creek Reservoir water was made available through a long-term contract, but that to date, Phoenix is the only city to have purchased water rights there. The 20,000 acre-feet available for municipal/industrial uses, is such a small proportion of the total volume of the reservoir, that this should be secure as well. Winkelman noted that the Oregon Department of Fish and Wildlife has been seeking more water for fish, and while the water is available for purchase today, there is no guarantee that it will always be available. Emphasized that if water rights are not purchased now, they may not be available later. Public Works Director Paula Brown noted that the issue for council to consider, is whether the City of Ashland will remain involved in the intertie project, and to authorize the use of a 24" line from Phoenix to Talent. Mayor Golden noted :that because this item had been included in the agenda as a special presentation, she would recommend re-inclusion with proper noticing as a public meeting before a council decision. Brown noted that bringing this back as public hearing in January, would be acceptable, but that this is a decision point in the project. Councilor Reid asked for engineering figures concerning drought, fire, emergency, and growth needs over time. Asked that Brown bring this information to next meeting. Also suggested that she would like public input, and conservation information relative to this project. Councilor Hauck questioned whether incremental cost option is viable now, noting the potential cost variation. Councilor Reid questioned state standards concerning fire safety. Councilor Laws noted previous discussion of alternative water sources, which stated that conservation programs in place would handle Ashland's needs until 2020. Questioned whether this had changed. Brown cxplained that while there are no problems with the plant, at times more water is needed to supply the plant. City Council Meeting 12-16-97 3 Councilor Hagen questioned total cost and energy used. Questioned continuing involvement with project if not willing to bring water to Ashland later. Questioned operational needs of system and whether this would need to be charged at all times, or turned on and off. Brown will bring this information to council in January. Hagen would like to be made aware of other alternatives, including use of TID system, and their cost. Discussion of previous rulings by TID board. Councilor Hagen noted that Ashland has the luxury of a water system that meets needs over the next twenty years, that Phoenix or Talent do not have. Councilor Reid questioned if Ashland could look at this option and make a decision in time to move forward with the intertie project. Opened to public comment at 8:10 p.m. Bob Taber/97 Scenic Dr./Happy that council is not voting tonight. Emphasized need to make studies public and seek public input. Feels that the issue here is more than money, and that city must examine sustainability of getting water from a source fifty miles distant. Council should not be rushed into making a decision by January. (Mayor Golden clarified that the water will be coming to Ashland from Talent.) Tom Kennedy/209 Crowson Rd./Thanked Councilor Reid for her participation in public meetings. Noted that during flood there wasn't enough water to operate fire safety sprinklers. Speaking for Hospital Foundation, noted the water needed for cleansing and use by nursing homes and the elderly. (Mayor Golden clarified that flood problems were with the distribution system. Intertie water wouldn't completely mitigate the effects of future floods. Would be more helpful for a drought situation.) Ron Roth/6950 Old Hwy. 99 S./Feels that a decision tonight is not possible. Recently wrote letter to council. Feels that this project is an "extremely expensive insurance", and that it will be difficult to compile information by January. Questioned funding through "rural development". Would like to see a full process, with information and study for an informed decision. Emphasized that Ashland has the luxury of a good water system. (Councilor Laws clarified that the federal government considers Ashland a rural area, based on population figures.) Zach Brombacher/640 Tolman Cr. Rd./Would like to keep intertie project going. Project has been underway since before the flood. Feels that Ashland's water system is inadequate to meet current needs, and council should look at the interlie for fire protection. Noted that he had been without water in Ashland on two occasions. Feels that opposition to the interlie project, is based on a no-growth attitude. Cate Hartzel!/881 E. Main/Supports Councilor Hagen's desire to look at alternatives. Noted citizen desire for information and hope that information will be provided to the public in advance of the issue coming before council for a vote. Questioned current political trends with regards to fish issues and feels that the city needs to look at the likely direction of state and federal political decisions with regard to water allocation before making a decision. Questioned fire fighting strategy in hills and how water could be used. Asked for a study session and/or cable access program to address these issues. Jim Moore/1217 Park St./Not in favor or in opposition, but would like a public hearing prior to making a decision. Wants to look at big picture before a decision is made. Jim I-Iibbert/263 Oak St./The issue is urgent in that there is an opportunity for a larger pipe to provide insurance for the future which will likely never present itself again. Would also like to see city apply for water rights at Lost Creek Reservoir. Public comments closed at 8:31 p.m. 4 CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports - November, 1997. 3. Confirmation of Mayor's appointment of Rich Whitall to the Ashland Tree Commission. 4. Adoption of Findings for denial of a Conditional Use Permit to add additional unit to an existing 4-unit plus owner's quarters travelers accommodation located at 570 Siskiyou Blvd. 5. Approval of a Quitclaim Deed for the termination of a public utility and irrigation easement at 949 Cedar Way. 6. Approval of an ingress and egress easement across a street plug located at the terminus of Renaissance Drive. DISCUSSION: Councilor Wheeldon questioned if item//6 meant there would be no extension of Renaissance Drive. Public Works Director Paula Brown noted that it is not the City's intent to extend this as a public street, but if the area is developed, it could provide access for lots in the form of a long driveway. Councilor Hauck noted that he would abstain from voting on item//4 as he had not been present at the public hearing concerning this item. Reid/Hagen m/s to accept the consent agenda. Voice vote: All AYES. Motion passed. PUBLIC HEARINGS Recommendation from the Planning Commission to modify Section 18.84.050A of the Ashland Municipal Code pertaining to minimum size requirements for manufactured housing development sites. Planning Director John McLaughlin noted that this is primarily a housekeeping issue as the state has passed legislation that minimum size requirement for a site cannot be greater than 1 acre. Councilor Hagen questioned the reasoning behind the minimum size requirements. McLaughlin clarified that many areas do not have 2-acre parcels available within their urban growth boundaries, and that the manufactured housing lobby had requested action from the state. Public Hearing open: 8:35 p.m. Public Hearing closed: 8:35 p.m. Proposed ordinance read by title only. Councilors Hagen/Reid m/s to accept the proposed ordinance and carry it over for a second reading. Roll call vote: Laws, Reid, Hauck, Hagen, and Wheeldon, ALL YES. Motion passed. Appeal Hearing on a Planning Commission denial of a Variance to allow property at 1405 Tolman Creek Road to accommodate four llamas per acre rather than two. (Applicant Sherry Johnston). Mayor Golden read the guidelines and procedures for a Land Use Public Hearing. EXPARTE CONTACT: Councilor Reid reported having driven by the site. PUBLIC HEARING OPEN: 8:36 p.m. City Council Meeting 12-16-97 5 STAFF REPORT: City Attorney Paul Nolte noted that the applicant is seeking a writ of mandamus from the court, to order approval of the variance, as this evening's meeting falls outside of the state's 120-day limit on matters of this nature. Noted that applicant is seeking this writ despite the fact that the postponement was at her request. Stated that the applicant therefore considers this hearing to be null and council to have no jurisdiction at this time. Nolte stated that it is his opinion that the court will deny the request for a writ since the applicant requested the postponement, and for other reasons, and advised the council to proceed with this matter. Planning Director John McLaughlin briefly explained the history of the matter, noting that the applicant is requesting to keep 15 llamas on a 5 acre site, where the ordinance allows only 10. Staff finds no unique or unusual circumstances, and no benefit to adjacent properties and thus finds no basis for approval of the variance. Recommends that council deny the appeal. Mayor Golden read the requirements for a variance. APPLICANT: Ron Thurner/Land Use Consultant/1170 Bellview Ave./Representing himself, not the applicant, presented a letter from the applicant's attorney and explained that the applicant has no intention of appearing. City Attorney Paul Nolte read the letter, from applicant's attorney Marc C. Hoyt, into the record. Letter noted that Hoyt had filed for the writ as the City hadn't taken action in 120 days as required by law. According to Hoyt, by not having taken action in a timely manner, the City is divested of the right to deny the appeal, and has no jurisdiction. As such, the applicant will not participate in the meeting which is a nullity. IN FAVOR: Estelle Voeller/1365 Tolman Cr Rd/Issue to her is the original ordinance. Feels that llamas have much less impact on land than other livestock. Noted that applicant has been very willing to work with neighbors. Feels llamas make little impact and help to keep the open space within the city. (Mayor Golden reiterated variance guidelines and the need to address them.) Linda Otto/1092 Old Hwy 99 S./Feels that property is unique in that it has a history of supporting animals, has a rural charm and benefits people who come there to view the llamas. Noted cleanliness and upkeep of this area. Feels that the presence of llamas contributes to the rural feel of Ashland. Camille Mayersky/972 Old Stage Rd, Central Point/Feels benefits are greater than any negative impact. Noted that if llamas were not on this site, the land would be developed, Stated that llamas are odorless even when wet, and noted that this is not a commercial business but a ranch. Marilyn Milton/560 Hamilton Rd, Jacksonville/Noted that llamas are low-impact and environmentally friendly. Feels that applicant qualifies under all three criteria. Stated that property is unique in location, setting and development and that people enjoy visiting and viewing the llamas. Feels that denying variance would hinder livelihood of applicant. Noted benefits of llamas to people and environment. Feels neighbors want no llamas on property. IN OPPOSITION: None PUBLIC HEARING CLOSED: 9:05 p.m. STAFF RESPONSE: McLaughlin noted the conflicting record from neighbors about odor, and stated that when a Planning Commission member visited the site they had noted some odor. Stated that no new evidence had been submitted to meet the variance criteria. REBUTTAL: None Mayor Golden noted that odor is not the issue. Stated that if llamas have less impact than other animals the ordinance should be amended. Councilor Laws noted that senses of smell vary, and that odor is irrelevant to the issue at hand. Stated that council should not reverse the decisions of the Planning Commission unless it was to correct an error. Laws noted that there had been no misinterpretation on the part of the Planning Commission, and stated that this situation is clearly a violation of the ordinance. Stated that allowing the llamas would require changing the ordinance not allowing a variance. Councilor Hauck agreed that odor was not an issue. Stated that the site does not meet the criteria of unique or unusual, but that he felt the second and third criteria had been well addressed. At the request of Councilor Reid, City Attorney Nolte noted that the request did not fit any of the variance criteria as submitted. Confirmed that the solution would be to amend the ordinance. As it stands, the site is not unique in a manner that would require allowing more llamas. Councilor Hagen stated that the odor issue relates to the reasoning behind the ordinance and doesn't address the criteria for variance. Councilors Laws/Hagen m/s to deny the appeal. Roll call vote: Laws, Reid, Hauck, Hagen and Wheeldon, YES. Motion passed. PUBLIC FORUM Christine Crawley/124 Strawberry Ln./Thanked council for the Hillside Ordinance, and requested the formation of a committee to look at the LID issue, with the intention of finding a means to ensure equity in the process. Stated that developers should carry the lion's share of costs to make it an equitable situation, and properties that are unable to develop, or agree not to develop, should pay less. Mayor Golden stated that she will advertise for citizens interested in being on an ad-hoc committee. Council discussion of the Hillside Ordinance and whether more formality would be needed in this case. Mayor Golden confirmed that members of this committee would be formally appointed, and that in making appointments she would seek "representational equity" of existing opinions on the issue. Stated that this committee would be advertised after winter break. NEW AND MISCELLANEOUS BUSINESS 1. Report from Finance Director on Flood Restoration Bond Sale scheduled for Monday, December 15, 1997. Finance Director Jill Turner informed council of the results of the bond sale, stating that the City had been able to obtain an interest rate of 4.58% with a 15-year maturity. There were 11 bidders and the bonds were guaranteed by a third party to guarantee a "AAA" rating. The successful bidder was Piper Jaffray in Portland. Turner also noted the favorable circumstances in the bond market at this time. City Council Meeting 12-16-97 7 ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading by title only of "An Ordinance Amending Sections 11.54.030 and 11.54.050 of the Ashland Municipal Code to Remove Helmet Requirements on Sidewalks and to Reduce Criminal Penalties for Skateboard Violations in the Downtown Area." Councilor Hagen/Laws m/s to move the ordinance to a second reading. Roll call vote: Reid, Hauck, Hagen, Wheeldon, and Laws, YES. Motion passed. 2. Reading by title only of "A Resolution Authorizing and Approving of a State Revolving Fund Loan Agreement to Finance a Wastewater Treatment Facilities Project." Finance Director Turner noted that the state has the best financing package available, and explained that five- sixths of the funds are made available through the Clean Water Act and one-sixth is state money from bonds subsidized by lottery funds. The rate available is roughly two-thirds of that on the national bond market, and the total interest cost will be roughly four percent. Stated these are more favorable terms than revenue bonds, and the loan can be paid off at any time with no interest penalty. Also noted that while there are semiannual payments, payments can be made more frequently and a rate stabilization account will be allowed. Explained that payments are schedule from the year 2000 to 2020, around the duration of the Food and Beverage Tax. Noted advantages, and stated that this loan is for more than the city has borrowed in the last ten years and is under the best terms. This will ensure that the project is adequately financed through the construction process, and will prevent rate increases. Explained that the Clean Water Act provides funds because small cities would be unable to obtain financing in most cases. Councilor Laws noted that the favorable situation is due in part to the excellent management of the City's finances by the Finance Department. Councilor Wheeldon questioned rate increases. Turner noted that rates had nearly doubled in the last ten years, but they are lower than had been predicted and with this loan package the utility should be able to hold to the current rates through the duration of the Wastewater Treatment Facilities Project. Councilors Reid/Hauck m/s to approve Resolution//97-43. Roll call vote: Laws, Reid, Wheeldon, Hagen, and Hauck, YES. Motion passed. 3. First reading by title only of "An Ordinance Amending Section 18.84.050.A of the Ashland Municipal Code - Land Use Ordinance, Amending the Required Minimum Size for a Manufactured Housing Development Site to be Not Less than One Acre." (Dealt with under Public Hearings, Item//1 .) OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Hagen asked for a report on how current conservation efforts are meeting projections that were used in calculating City's long-term water needs. Councilor Wheeldon would like to look at the intertie project at the council's January study session, and to include information on the possibility of building another water storage facility to increase the City's available water supply. Also would like to look at Lloyd Haines' study and suggestion of a committee to review the report. Feels that this ties into OTAK plan and recommendation to creating emergency plan. Councilor Laws noted that Otak's report had addressed everything contained in Haines' report except that the consulting firm employed by Haines had recommended an examination of the City's handling of the flood on a day-to-day basis over the duration of the event. Laws stated that he saw no purpose for this, and that the City should look to the future rather than continuing to dwell in the past. 8 Mayor Golden noted that Haines' consultant did not speak to citizens directly involved in the flood in preparing the report. Stated that the report was based on outside sources and didn't look at citizen experience or available information. Stated that it was time to move on. Interim City Administrator Greg Scoles noted that the City's Emergency Management Plan will be looked at and brought back to council to address handling of future floods. City Attorney Nolte suggested circumspection in addressing report due to pending law suits. Stated that City should move forward with Otak report's recommendations. Councilor Laws stated that council should look at the status of all Otak recommendations, suggesting March as a good time to do this. ADJOURNMENT Meeting was adjourned at 9:37 pm. Barbara Christensen, City Recorder Catherine M. Golden, Mayor City Council Meeting 12-16-97 9