HomeMy WebLinkAbout1995-0221 REG MINMINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 21, 1995
CALLED TO ORDER
Meeting was called to order at 7 p.m. in the Civic Center Council Chambers by Mayor Catherine Golden.
ROLL CALL
Councilors Winthrop, Thompson, Hagen, Hauck, Reid and Laws were present.
APPROVAL OF MINUTES
The minutes of the Regular meeting of February 7, 1995 were accepted as corrected:
Under Public Hearing, clarification: Councilor Hauck asked that the effect on accessory housing
wouM be; under Unfinished Business, item #1 clarification: Mayor agrees but that to continue liaison
until opportunity to review be;fbre condensing shouM take place; Councillor Reid co-chairs Energy
Advisory Committee on a State level and agreed to co-liaison the Forest Commission,' under item #2
clarification: Councillor Thompson stated his support in assisting in this conference and felt it
shouM be open to all citizens; Councillor Laws "especially in cases of pressure need to our sense of
types qf housing"; "Vision Confi, rence shouM require involvement of people and representation as with
the Comprehensive Plan "; item #5 clarification: "even with stairs or ramp there is no wheelchair
access"; under New and Misce!laneons Business, item #1 clarification: "Mayor asked that if the
City qf Ashland did not match .fund.~ which the State required wouM the project end? It was confirmed
by Steve Hall that the City does have a signed agreement with. the State committing the City to
matched .bnds, these fundv art, divided between the Street Fund and Hospital Fund.. delete: The
Mayor .felt that it wouM be possible to be released .from the agreement f the City requested.; item #2
clarification: Intent of the motion was that the project had to meet City standards ie. street,
sidewalks.; under Other Business from Council Members, item #7 "Council" shouM reflect
Councillor Thompson, item #8: "in. flow" shouM be "i~fill'.
SPECIAL PRESENTATIONS & AWARDS
1. Distinguished Budget Presentation Award for the Government Finance Officers' Association
(presented by JoAnn Stumpf, OMFOA Board Member and Finance Director of Grants Pass).
Presentation and Award rescheduled to future Council Meeting.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Monthly departmental reports.
3. Confirmation of Mayor's appointment of Thomas Howser as Judge Pro-tem for February 25,
1995.
4. Memorandum from Director of Public Works regarding completion of leak detection survey.
5. Approval of liquor license applications:
a. O'Ryan's Irish Pub, 137 E. Main Street;
b. Northwest Pizza and Pasta Company, 1585 Siskiyou Boulevard.
6. Memorandum from City Administrator regarding League of Oregon Cities Elected Officials'
Workshop scheduled for March 11 in Ashland.
Councillor Thompson requested that Item #2 be moved to New Business.
Councilors Winthrop/Hagen m/s approval of item #1 and items #3-6. Voice vote all AYES. Motion
passed.
PUBLIC HEARINGS
1. Proposed sewer rates for 1995-1997.
Finance Department Director Jill Turner presented information and charts on proposed increase of
sewer rates for 1995-97. The three year rate structure was presented because the City will go to
the Bond Market to borrow the money and this represents the financial plan. In April of 1995
overall increase is 13.07%; April 1996 12.67% and April 1997 14.78%. Rate increases effect
residential and commercial differently. The difference relates to the water and sewer study
done in 1994 by Hilton Farnkopf. In looking at the cross between residential and business it was
concluded that commercial needed to be increased more rapidly than residential to equalize the input
into the plan of upgrading the treatment process.
The graph presented illustrated the sewer bill with and without the Prepared Food and Beverage Tax
indicating a $9.00/month savings in 1999.
In comparing our rate schedule using a 21 city survey, Ashland is slightly below average. It was
noted that the charts were not done on multiple units.
Councilor Reid requested clarification on bond sales and interest earned.
Director Turner explained it would be prudent to have the project funded. She stated that if the Food and
Beverage Tax had not been passed the City would have had to pre-borrow for the design stage and again
borrow money as needed in following stages. Because the City did pass the Food and Beverage Tax it will
not have to go through the pre-borrowing of the initial amount of money needed for the engineering.
There will be interest income earned on the bond proceeds as well as interest expense from the time that
the bond is sold. Turner feels that between the interest income and the interest expense it will be a
"wash". Interest rate would be difficult to know considering what the market will be in the future, scenario
for bonds issued is 20 years at 6.5%.
Questions regarding past increases in utilities for improvement on the Water Sewer Treatment Plant
and whether the revenue from Food & Beverage tax had been set aside for the project was addressed
by Director Turner. The Wastewater Rate Model provided in the memo by Director Turner
indicates in the Operating Balance the past rate increases and the Food & Beverage Tax is indicated
in the Sewer Construction Account.
Mayor Golden questioned why commercial should experience such an increase versus residential.
Director Turner stated that the subsidy as it now exists is between the commercial class and the residential
class. The new structure would put the subsidy between the large commercial and small commercial
classes. In a rate design it is better for a small commercial to subsidize the large commercial rather than the
residential subsidize the commercial.
Mayor voiced concern regarding sewer rate increases for commercial businesses remembering that
they face the highest rents in the rogue valley and many different charges on electric and water.
Council Winthrop felt there were two issues in dealing with the rate increase. One would be the
question of whether we had an accurate analysis of customer classes. Because there was no challenge to
the Cost of Services study done several months ago he felt it could be concluded that it was a reasonable
and accurate analysis. The other issue is should we as a policy measure, because of the importance of the
economics of the downtown issue, deliberately subsidize commercial users.
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Director Turner explained that there are three measuring components to the Sewage Treatment Plant which
are; 1)Flow 2) BOD (Biological Oxygen Demand) and 3)Suspended Solids. To determine the commercial
cost, the total cost of operating the Sewage Treatment plant less the residential component equals the cost
of commercial users. Commercial waste is by nature stronger and harder to treat than residential and those
costs are why commercial rates are increasing.
Director of Public Works Steve Hall explained that based on national averages for different industries, the
strength and the cost of treating water from commercial is higher than treating residential. Rate
differentials will be based upon gross national averages.
Councilor Reid concerned that the small businesses are being asked to support the large businesses.
Councilor Hagen questioned what will happen when we reach 1999 with these rates. Director Turner
explained that the wastewater model has taken into consideration rate increases to the year 1999-2000.
8 p.m. Open Public Hearint,
Michael Bingham; Ashland Bakery Cafe, 38 E Main: Responded to assumption that businesses were not
paying their fair share. He questioned who subsidizes whom, taking into consideration the administrations
salary and the 25 % electric discount. He stated that he was aware of one business utility bill that exceeds
the mortgage payment. He felt that when the meals tax went through it would include any future utility
increases. He suggested that council tell public exactly what is going to be spent on the Sewage Treatment
Plant and do a comparison of commercial rates of other cities. Mr. Bingham asked for a complete
accounting record be made on the collected meals tax.
Michael Gibbs, Winchester Inn, 35 S. 2nd: President of Chamber of Commerce representing many
concerned businesses. He questioned "when is it going to stop?", stated that businesses are "scared". He
felt that re-establishing a coalition with government and businesses was very important. He questioned how
it was determined that he is not carrying his fair share in regards to the rate increase. He would like to
find a way to get business and government to work together in a positive business relationship towards an
equitable solution.
Jim Hibbert 263 Oak Street: He feels that council should look at the whole picture regarding cost of
services and look for an equitable solution.
Steve Sacks; Ashland Bakery Cafe, 38 E Main: He questioned who will be subsidizing whom, and what is
the number of industrial users in Ashland. He also questioned the use of the national average of industrial
users. What does large commercial user mean? Mr. Sacks commented that the council should take a closer
look at the problems between business and government.
Mike Donovan; 1120 Beswick: Stated that he felt there other factors that needed to be taken into account.
One would be to develop a closer relationship between business and government, feels there is anger
among the business community. Feels there needs to be a sense of fairness between business and
government.
Public Heating closed 9 p.m.
Councilor Winthrop said on the issue of electric discount, he will drop the discount so he can discuss
finance problems with the public, without it being held over his head. Clarified that he did state at the time
of the meals tax decision, that if we passed the meals tax it may pay up to half of the bill for the Sewage
Treatment Plant.
Councilor Hagen encouraged the business owners to read and evaluate the study done in preparation for this
rate increase.
Council directed staff to provide the following for the next council meeting; 1) A detailed list of
commercial/industrial customers; 2) Alternative rate schedule showing uniform percentage increase; 3) Cost
breakdown of commercial versus residential treatment cost; and 4) One or two scenarios where the rate
increase is phased in for commercial rates over a 4-5 year plan versus a 3 year plan. These items will be
open for public discussion.
PUBLIC FORUM
Business from the audience not included on the agenda (limited to 3 minutes per speaker and 15 minutes
total).
None.
UNFINISHED BUSINESS
1. Approval of draft letter from Councillor Laws regarding wastewater decision.
2. Letter from Brown and Caldwell regarding update of costs for options for Wastewater Treatment
Plant upgrade.
Public Works Director Steve Hall commented on recommendations to council; 1) accept/modify Don Laws
background paper to be presented to the citizens of Ashland for their response to what they feel would be
the best option for the City of Ashland; 2) Accept/modify Brown and Caldwell Information Packet
regarding costs involved with the options under consideration; 3) Set process/time frames for public
involvement process, suggests one or two informal meetings with attendance by John Gasik and Gary
Arnold from DEQ, John Holroyd from Brown and Caldwell along with himself as well as a representative
by the Council; 4) Decide on a formal public hearing before the Council. Should this be during a normal
Council meeting or a separate special meeting?
Councilor Reid asked for clarification on the Medford Option which she had thought to have a 10%
contingency, but all the other options had a 25% contingency. Director Hall verified that all options were
calculated at a 25 % contingency for construction and 5 % for the system development.
Councilor Winthrop suggested a table showing current pollutant standards of quantity and what is now
being required; 2) Rank alternatives by capitol outlay; and 3) Rank the alternatives by
complexity/uncertainties. Commented on the memo by himself provided to Mayor and Council regarding
his suggested changes and additions to Councilor Law's draft paper. He is concerned that the Medford
Option is not going to get a fair evaluation. By voicing this concern he is not committed to the Medford
Option but he feel taxpayers need to realize that the Medford Option may be the cheapest by means of
capitol outlay. Councilor Winthrop would rather that a range of $19-22 million would more accurately
portray the capital costs of the Medford Option, given the pricing assumptions in the current Brown and
Caldwell estimates. Councilor Hauck felt that there needed to be better explanation on how range was set
for the Medford Option.
Councilor Reid asked that the Council accept Councilor Laws letter with minor changes not including
suggested changes by Councilor Winthrop. She feels that the memo by Councilor Winthrop is biased
toward the Medford Option.
Councilor Laws suggested that Councilor Winthrop and Public Works Director Steve Hall get together and
edit and/or modify the draft letter including outlining areas where there are uncertainties.
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Councilor Laws requested that on the flow chart, it be changed to show other options, if after the pilot
study. the soil filtration process is not an option. Director Hall will make the changes in the flow chart.
Public hearing will be held at a regular council meeting with light agenda.
NEW AND MISCELLANEOUS BUSINESS
1. Request by John Fisher, 106 Clay Street, to connect new mobile home to City sewer on property
located outside the City limits.
Public Works Director Steve Hall explained that it is a vacant lot and the property owner will be putting in
a well. Property is within the urban growth boundary and meets our city standards and requirements.
Councilors Hauck/Hagen m/s approve hookup to sewer system. Voice vote; Laws, Hauck, Reid,
Hagen, Winthrop AYE; Thompson NO. Motion passed 5-1.
DISCUSSION:
Councilor Thompson questioned property owners hooking up to our sanitary sewer system. He felt they
should conform with the cities criteria for siting, landscaping requirements, garbage disposal, etc. He
could not encourage development in our urban growth boundary and hooking up into our sewer system
without agreeing to meet the cities criteria.
Councilor Reid said there is a difference between mobile homes and manufactured homes. She supported
manufactured homes as they are energy efficient whereas mobile homes are not.
Mayor Golden pointed out that this is a request routinely done in our city and that Councilors Thompson
and Reid may be trying to put criteria on this request that is not applicable.
2. Memorandum from Parks Commission requesting Council concurrence in purchase of 20 acres on
Strawberry Lane for open space purposes.
Councilors Reid/Laws tn/s to approve purchase of 20 acres on Strawberry Lane for open space
purposes. Voice vote all AYES. Motion passed.
3. Letter from Alan Sandler requesting City contribution to handicap access modifications for
restaurant expansion/OSFA remodel project.
Allen Sandler,Macaroni Restaurant: Informed council that the handicap access on Pioneer is being brought
up to ADA specifications. He is requesting the City to share 1/3 of the costs associated with this
modification. If the City declines, then the costs will be shared with Shakespeare 50/50.
City Administrator Brian Almquist stated that unless the City would modify their property in any way or if
the City needed the access for the second floor of our building, only then would the City have been
required to meet ADA requirements. Because we would not be upgrading or improving our property we do
not need to make any changes. City Attorney Paul Nolte verified that the City would not need to improve
unless they choose to.
Conncil consensus is not to share in cost. Reqnest denied.
4. Request from Mayor Golden for Council approval of personal membership in League of Women
Voters.
Councilors Winthrop/Hauck m/s to approve personal membership in League of Women Voters. Voice
vote all AYES. Motion passed.
Councilors Hauck/Winthrop m/s move to continue meeting after 10:00 p.m. Voice vote all AYES.
Motion passed.
5. Request by Councillor Winthrop for briefing by Planning Director and City Attorney on proposed
State legislation requiring compensation for down-zoning.
City Attorney Paul Nolte reported that Senate Bill 305 was introduced this session to compensate land
owners if government/land use regulations demeans the value of the property. Problem with this Bill is
that is has been rewritten and Mr. Nolte has not been able to review the rewritten version. Nolte does
understand that one provision in the rewritten version is that it will allow local governments to compensate,
but they would have to petition the legislature every year for final approval of the legislature. Does not
have anymore to report until he is able to review the rewritten version.
Council directed City Attorney to keep them apprised.
6. Request by Councillor Thompson for Council input for upcoming Planning Commission goal-
setting on March 4 aud request for Council support of proposed goals on infill and affordability.
Moved to 3/07/95 meeting.
Request by Mayor Golden for Council clarification of intent of Goal #2:
"Commit to an ongoing matching grant program for LID sidewalk construction
in existing neighborhoods, not to exceed $30,000 per year."
Moved to 3/07/95 meeting.
8. Report by Councillor Winthrop on recent meeting of National Association of Regional Councils of
Government.
Moved to 3/07/95 meeting.
ORDINANCES, RESOLUTIONS & CONTRACTS
1. First reading of "An Ordinance amending the Ashland Municipal Code, Land Use Ordinance,
modifying front yard setbacks in the R-I District and encouraging porches".
Moved to 3/07/95 meeting.
2. First and second reading of "An Ordinance expanding the season for outdoor burning by
amending Section 10.30,020 of the Ashland Municipal Code and declaring an emergency".
Fire Chief Keith Woodley reported that the Fire Department has received a number of inquiries by
residents about burning. They are being encouraged by the Fire Department to reduce the wild fire threat,
but have found that the current ordinance for burning offers little opportunity to do this. The current
ordinance offers two very narrow windows for burning, one in the Spring and one in the Fall. He feels that
considering the given climatic conditions that we have had in the Rogue Valley the ordinance could be
expanded to meet the needs of the residents. Proposal by Fire Department is to expand time currently
allowed to burn while still honoring the ventilation index as one of the criteria for issuing burning permits.
Would also like to include the month of March as a potential burning period and then outside fire season
allow burn in call up to the end of October.
Chief Woodley discussed with Conservation Manager Dick Wanderscheid the issue of the months of
November, December, January and February. Manager Wandersheid expressed to Chief Woodley his
desire to maintain consistency and uniformity with our effort to regulate wood stove smoke during these
months. And also to fall in line with the County version burning ordinance which does not allow this type
of burning during these months, to exclude these months by ordinance so that permits would not be issued
until the first of March.
Councilor Laws asked council if there was a consensus for this amendment to the Ordinance. Council
requested discussion.
Conservation Manager Dick Wanderscheid clarified that Ashland is not under regulation to comply with the
county burning advisory. We do try to encourage residents to voluntarily comply with the county burning
ordinance. The reason the City of Ashland is exempt is because we are not within the PM-10 boundary,
which is the size of particles that wood stoves produce. Director Wanderscheid encourages residents on
"red" days to comply because in reality there is no ventilation. He feels it is important that we keep the
pressure on to comply to the county burning advisory and that we don't go backwards in our efforts. He
states that we should be encouraging chipping or cornposting this material instead of burning. That we
should limit burning to the times of the year when people are not burning wood for heating.
Marilyn Briggs, 590 Glenview: Has a problem with the way the current ordinance is written, feels there is
a loop hole for the City of Ashland to burn in January, February, November and December as long as air
index quality is over 400. She would like to request the same opportunity to burn as she believes the City
is allowed. Stated that she is in need to clean up her property in regards to the fire danger, but has not
been able to burn. She is in favor of amendment to ordinance in that as long as the City of Ashland gets to
bum when the air quality index is over 400, she requests the same privilege.
Jessie Fitch, 607 Terrace: Stated that she is finding it difficult to remove debris in dealing with fire danger.
Felt that the dates set for burning don't have anything to do with weather conditions and do not work.
Neil Benson, 363 Laurel: Supports extending burning season another month. Requested outdoor fires when
allowed and supports longer burning season throughout the year.
Jennifer Mesenbrink: Based on her experience as fire crew boss she concurs with previous testimony.
Councilors Winthrop/Reid m/s to adopt and pass first reading of the ordinance striking in section A
the months of January, February, November and December of each year; subject to emergency clause
and in two years the ordinance amendments wonld terminate and be subject to council review.
Roll Call Hagen NO, Hanck NO, Reid YES, Laws YES, Winthrop YES, Thompson YES.
Motion passed 4-2.
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DISCUSSION:
Councilor Reid would like to see a time limit put on this ordinance, so the residents are aware that the
reason this is being done is because of the threat of fire danger and the need to protect the interface.
Possible reconsideration after two years.
Councilor Laws believes that a compromise regarding the burning ordinance is correct and agrees with
Conservation Manager Dick Wanderscheid's. He feels that the 400 air quality index measuring is not
accurate and that we would only be encouraging burning in the worst times during the months of
November, December and January, and does not think we should take this step which could lead to
problems for residents who are sensitive to smoke in the city limits.
Councilor Hauck agrees with Councilor Laws and also that we are encouraging the use of the chipper and
extending the burning season by one month which would give ample opportunity for removing debris.
Councilor Hagen feels that ordinance as written is a good compromise with the addition of the month of
March. He feels we have worked too long to get clean air in this valley to do any backsliding.
Councilor Thompson suggested an amendment to his motion to include a sunset clause that in two years the
ordinance would revert back to original ordinance.
Councilors Winthrop/Thompson m/s to adopt and pass second reading of ordinance. Roll Call vote
Hagen NO, Hauck NO, Reid YES, Laws YES, Winthrop YES, Thompson YES. Motion was not
unanimous on second reading (see City Charter Article X. Ordinances, Section 2, paragraph b).
Motion denied 4 Yes; 2 No.
Reading by title only of "A Resolution of intention to provide for improvements to the Oak Knoll
Golf Course parking lot; authorizing and ordering the local improvements; assessing the cost
against the property to be benefitted and creating the Oak Knoll Golf Course Parking Lot Local
Improvement District".
Moved to 3/07/95 meeting.
OTHER BUSINESS FROM COUNCIL MEMBERS
1. Councilor Hagen requested that conncil approve letter sent to the Oregon Legislative Assembly
regarding Senate Bill 279-Exempts rigid plastic containers containing food from recycling or reuse
requirements and Senate Bill 361-Amends existing Oregon recycling laws to provide numerous
allowances and exemptions for plastic packaging.
Councilors Hauck/Reid m/s approve sending letter to Oregon Legislative Assembly. Voice vote all
AYES. Motion passed.
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, Recorder
Catherine M. Golden, Mayor