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HomeMy WebLinkAbout1998-0203.REG.MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 3, 1998 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen, Wheeldon and DeBoer were present. APPROVAL OF MINUTES The minutes of the Regular meeting of January 20, 1998 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Reading of Mayor's Proclamation by title only proclaiming the month of February, 1998 as Prevent a Litter Month. Mayor read title only of proclamation. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports - January, 1998. 3. Confirmation of Mayor's appointment of Darrel Jarvis to the Building Appeals Board for a term expiring December 31, 1998. 4. Memorandum from the Fire Chief, regarding Annual Review of City Burning Regulations. 5. Memorandum from the Director of Electric Department, regarding Presentations of Strategic Plan, Electric Cost of Service Study and Telecommunications Business Plan. 6. Set a public hearing for February 17, 1998, to consider adoption of an amendment to the Ashland Municipal Code which would regulate, facilitate and provide for telecommunications within the City of Ashland. Councilors Hagen/Reid m/s to approve consent agenda. Voice vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Consideration of a recommendation by the Planning Commission to modify the Ashland Land Use Ordinance Chapters 18.40 (Employment) and 18.32 (Commercial) Pertaining to "Eating, Drinking, Entertainment and Dancing Establishments" (Applicant: City of Ashland). Planning Director John McLaughlin reported to council on the concerns regarding the potential location of nightclubs and bars in E-1 and C-1 zones which may be in close proximity to residential areas of the historic areas. Noted that nightclubs and bars would remain as permitted uses in the downtown area, and in the commercial zone along Ashland Street. Explained that no existing nightclubs or bars would be non-conforming uses as a result of this ordinance change. Staff recommends approval of making nightclubs and bars conditional uses in these areas, while retaining restaurants as a permitted use. McLaughin clarified that the permit issued to the Dugout Sports Pub & Grill would no longer be in effect if the business is no longer in operation. McLaughlin explained that noticing of this proposed change, is a legislative noticing procedure through the local newspaper. Councilor Reid voiced concern that property owners in this area who do not subscribe to the local newspaper, may not be adequately notified. McLaughlin verified that this proposed change would impact all E- 1 zone property owners in the city, and that the number of property owners effected is not known at this time. City Council Meeting 2-03-98 Clarification was made for council that the restaurant located at the city owned golf course would be linked to the approval process of the golf course management and that the Ashland Hills establishment would remain permitted use. Council discussion regarding the procedure and policy for noticing of the types of ordinance changes. PUBLIC HEARING OPEN: 7:12 p.m. PUBLIC HEARING CLOSED: 7:12 p.m. Councilors Hagen/Hauck m/s to approve first reading and place on agenda for second reading. Roll call vote: DeBoer, Hagen, Wheeldon, Hauck and Laws, YES; Reid, NO. Motion passed 5-1. Acceptance of public testimony regarding Ashland's continued participation in the Talent/Phoenix Water Project (Note: this item will also be heard at the February 17, 1998, Council Meeting). Director of Public Works Paula Brown briefly gave update to council on the previous held Water Forum. Councilor Hauck requested additional information from Brown, based on the 2% chance of curtailment from previous reports. Hauck asked that for each of the long term options, he would like to know, to what extent do they extend the 2% risk period. Mayor Golden went over what is believed to be important in terms of framing this issue. Explained that the city is currently faced with the opportunity to increase the size of piping between the cities of Phoenix and Talent. Pointed out that this would not get water to Ashland, but would only increase the size of pipe. If the pipe was used for Ashland residents, the increase of size in pipe would provide about 25% of Ashland's water demand as it is currently used today. Golden noted that she felt there was a missing component within our community, is "why?". Golden pointed out four things that generally drive the need for water in the community, or the additional need for water in the community: These are: 1) catastrophic fire; 2) flood; 3) drought; and 4) development. Requested that citizens think of all the options and asked for their help in determining what the right direction may be. Pointed out that if the main issue is flood or drought, we have to do more than get water to Talent and have to look at the over-all cost. If there is hope to increase development, Golden explained that there are System Development Charges in place to cover the costs of development. Councilor Reid clarified that if the city were planning on purchasing alternative easements for getting water to Ashland, that it was important to remember that the Medford Water Commission controls the water to Phoenix, as well to Talent. If the city ~vere to take treated water, then the Medford Water Commission would be in charge of where the water would be coming from. Reid noted that in regards to System Development Charges, that the amount that is used by the existing community is not moved over into future development costs. Councilor Laws requested that he would like to hear from people is, what they think has changed, either in the actual conditions or attitudes. Laws believes that for the last 40-50 years the city is in the exact situation as now and will continue to be in this situation for the next 23 years. Questions what is unsatisfactory about the situation we've lived under. Feels this is what needs to be stressed since this is a $7 million project, and this expense needs to be justified. Councilor Hauck spoke on what he felt were two issues. Questioned whether upsizing the pipe would be worth the cost for keeping open the 2020 period when additional growth would need to be addressed in comparison to looking at potential other ways of meeting this need in 20 years. Would like to hear from the public on the question of, is this investment worthwhile to the citizens of Ashland for future needs. City Council Meeting 2-03-98 2 PUBLIC HEARING OPEN: 7:30 p.m. Barbara Bean/510 Terrace/Submitted list of questions to council on the water intertie. Feels this is one of the largest decisions that the council would need to make regarding the costs associated with the water intertie. Not clear on what the costs would be to individual property owners. Noted the issues surrounding fish endangerment. Not clear regarding fire fighting and fire protection. Concerned with the hold that the city of Medford would have on the citizens of Ashland. Ron Roth/6950 Old Hwy 99S/Questioned whether water could have been used during the flood if we had the intertie. Commented on the necessity of an "insurance plan". Suggested that a hydrologic study be done to determine needs in a catastrophic fire and what would happen in stream flow. Stated that the Beck report assumed that the city would lose the TID water contract, but current info is that the city will not lose this contract and this should be considered in the projection of what the cities water needs are in the future. Need to deal with the water that we already have and update our water system in a proactive way. Feels there is a great amount of waste in the TID water canal that could be conserved by piping the canal. Stated that if there is a real drought, it would be region wide and other water supplies would also be effected. Tonya Killeen/444 Lit Way/Concerned that conservation and waste water treatment methods have been pushed to the side and lost in the shuffle. Feels that this water intertie will encourage growth. Would like to see this issue studied further and a proactive role taken. Questioned if other cities, with similar problems, had been studied. Bob Jones/725 N. Laurel/Lives in Ashland, but is an employee of the Medford Water Commission. Agreed that this is a very important issue before the council. Stated that the city needs to have secondary source, currently there is only one source with secondary coming into the reservoir from the water treatment plant. That the city needs a supplemental source and to oversize now while the option is presented. Feels that the intertie would give the city more reliability. Voiced concern on the piping of the TID canal, not sure that this would produce any more water. Clarified that the city can only take what the water rights are of the city, and that TID could cut the water off early. Felt that there was a tendency to be on the safe side when costs were figured, and that the water could be brought to Ashland for much less than the original projected costs. Explained that the city would not have to buy water rights from Lost Creek right away, that these water rights can be bought at a later date. Bob Taber/97 Scenic Drive/Commented on demand versus supply. Gave scenario on demand versus supply over a period of peak demand. Feels that the demand in the peak months is more than what is normal demand in the other months. Noted that during the peak periods, if conservation methods are used, there would not be a water supply problem. Stressed that we should not get over concerned with the possibility of not having water, but to utilize conservation methods, water treatment plant and Reeder Reservoir. Feels that this is an easy, soft way to look for additional water ~vhen methods mentioned previously would be more than adequate. l}ebbie Miller/160 Normal Avenue/Noted that the Beck report was based on "living within our means", and what could we do better with what we have. Encouraged continued direction with this initial thought. Questioned how to prevent catastrophic fires and what types of programs or methods we could take to prevent a catastrophic fire. Feels it is imperative that new growth pay for services. Questioned if council is going to continue to move in the direction of conservation or, is the council going to spend millions of dollars in a whole different direction. Russ Chapman/715 E!kader/Concerned with taking water from the Rogue River. Carl Oates/776 Glenview/Agreed with comments made by Ron Roth. Spoke in favor of conservation and in opposition to the water intertie. Concerned with the costs associated and with what this would actually provide the citizens of Ashland. Noted this would be a Medford system and this would impact the citizens of Ashland. Commented on the curtailment in 1993, questioned how Ashland would be served when they would be at the end of the pipe. Noted the excellent programs that the city has initiated through the Conservation Department. Felt that it may be necessary to put more monies into these programs to encourage and provide more conservation programs. The idea of introducing another water source would result in the relaxing of current conservation of water. Suggested that a site be determined City Council Meeting 2-03-98 3 for development of another water impoundment within our area, to begin a program of metering TID water and to encourage TID to begin enclosing canals. Cate Itartzell/881 E Main/Stated that this is a discussion driving a decision. Urged council that if this is for "insurance", that they cormnit to this and to the full amount of the costs involved, otherwise it would be a waste of time. Questioned who would be setting the rate schedule for water if the intertie goes through. Felt that fithis was a growth issue, then SDC's should be how the cost of this project should be funded. Would like to see the benefit of this intertie spelled out, and additional information on how catastrophic fires would be handled. Questioned whether curtailment is being considered for drought. Felt that with the issues surrounding the state at this time, there is no known factors in the issuance of future water rights. Bruce Moats/1250 Siskiyou/Represented Southern Oregon University in support of a water intertie. Voiced concern in regards to future water supply. Noted many concerns about the threat of water shortage and feels that the water intertie would provide additional water needs. Russ Silbiger/562 Ray Lane/Feels this is an "option" and not an "insurance". Stated that the costs for water in Medford is less than what the costs are in Ashland. His biggest fear is fire in the watershed. Feels this is an option for a second source of water, water by itself does not create growth. Felt that given the alternatives, unless there is a better option presented, that spending the money is wise and prudent. Zach Brombacher/640 Tolman Creek Rd/Feels that the water intertie is very important. Stated that he is a user of the TID water and would not like this taken away. Noted that his problem has been when water is turned off during a flood, and is concerned about fire protection. Supports the idea of an "insurance" by this water intertie. Feels it is important to do this now, while the option is available. John Fields/845 Oak Street/Feels that the cities of Talent and Phoenix are pushing the time line. Believes that if the pipe is up-sized, that the long-term picture and costs should be considered. Felt that this is a storage issue for a two month period. Stated that there could be several domestic wells that could be drawn on in an emergency. Commented on conservation methods that have worked, and the possibility of reusing water. Commented on the increasing need to preserve natural resources. Feels that we need to look at regional capacity, and that if water is managed correctly, there would be adequate water supply. Susan Hunt/220 Nutley/Questioned if water would be re-distributed during a drought based on water rights. Questioned the amount of money being discussed for an insurance policy and how this would effect our population by this intertie. Barbara Ryberg/373 Vista/Commented that what may have "changed" with this proposal is, the way of thinking. That this has made individuals more aware of conservation methods. Was encouraged by suggestions made by council members. Felt encouraged that this is being allowed for discussion. Bob Jones, Medford Water Commission clarified that the water rights which the city would need to secure, is stored water in Lost Creek Reservoir and water would be available. Stated that if there was a drought, M&I would have highest priority without effecting the fish issues. Clarified the re-chlorination method. Suggested that if council were to decide to go this direction, he would like to see revisited the 25% oversize to an even larger oversize of the pipe from Ashland to Talent. Clarified that this design is designed after the year 2050 report. In 2050, by up-sizing and connecting with the intertie, it would supply what the city would need in peak demand and emergency basis needs. Stated that Medford Water Commission would be available to help the city of Ashland in emergencies. Jones explained how the Medford Water Commission is comprised. That the commission is by appointment of the Mayor of Medford and is responsible for water resources in the area. PUBLIC HEARING CLOSED: continued to council meeting of February 17, 1998. City Council Meeting 2-03-98 4 Jones clarified the difference of water rates between Ashland and Medford. PUBLIC FORUM None UNFINISHED BUSINESS None NEW AND MISCELLANEOUS BUSINESS 1. Mayor's appointment of Council liaison to various boards and commissions. Councilor DcBocr stated that it would bc difficult for him to bc liaison for the Planning Commission, and asked that hc not be appointed to the Planning Commission as a liaison. Mayor Golden explained that the reason she appointed him to the Planning Commission was because it would allow him to be brought up to speed on planning issues. Golden urged DeBoer to take this on for one year, and to see how it goes. DeBoer stated that he is up to speed on planning issues, and that he does not have the time necessary to be liaison for this commission. Mayor Golden suggested that DeBoer tape the meeting and that it was not necessary that he be in attendance for the Planning Commission meetings. No changes were made in proposed council liaison appointments. ORDINANCES~ RESOLUTIONS AND CONTRACTS 1. Second reading by title only of "An Ordinance Amending Chapter 2.32 of the Ashland Municipal Code to Repeal Specification of Rates for Compensation of Counsel Appointed to Defend Indigents Accused of Crimes." Councilors Hauck/Hagen m/s to approve ORD #2811. Roll call vote: Reid, Hagen, DeBoer, Laws, Wheeidon and Hauck, YES. Motion passed. First reading of "An Ordinance Repealing Section 2.28.050 of the Ashland Municipal Code Which Relates to the Duties and Responsibilities of the City Administrator for the Utility System." Councilors Hagen/Wheeldon m/s to approve first reading of ordinance and place on agenda for second reading. Roll call vote: Hauck, Wheeldon, Laws, DeBoer, Reid and Hagen, YES. Motion passed. First reading by title only of "An Ordinance Modifying the Commercial and Employment Chapters of the Ashland Land Use Ordinance Regarding Restaurants, Nightclubs and Bars." Council dealt with this item at the end of the public hearing portion of the agenda. OTHER BUSINESS FROM COUNCIL MEMBERS Council discussion regarding procedure for noticing. Suggestion was made, that notices be placed in both the Tidings and Mail Tribune newspapers. Staff was instructed to bring back costs associated with a change in procedure for notifying. Councilor Hagen noted that the recycling center would no longer be able to take "grey" paper/board. Council reminded of goal setting session to begm at 8:30 a.m. tomorrow at Stevenson Union, SOU. Council discussed the need to listen to department head presentations after the adjourmnent of this evenings council meeting Mayor explained the reason this was initially noticed this way, was because she and city attorney Paul Nolte were expecting to have to leave the goal setting session early. Golden stated that it became known earlier today, that they would not have to leave the goal setting session early as expected, and that she had requested Interim City Administrator Greg Scoles to advise department heads that they would not have to give any presentations after the council meeting. City Council Meeting 2-03-98 5 Councilor Reid voiced frustration on the proposed change of plans, as she had made plans to leave the goal setting session early. Mayor explained that the council had not been told that the goal setting session would be scheduled for any other time but the announced 8:30 a.m. until 5 p.m. time. That the change to have department heads give their presentation at the time of goal setting is the preferred method, if possible. Councilor Laws stated that he preferred to not "chop up" goal setting and did not want to lose the momentum that is usually achieved at the goal setting sessions. Council discussed the need to spread out the goal setting session. Council consensus was to hear department head presentations at the scheduled goal setting session. Council DeBoer clarified that the original Budget Committee meeting date was rescheduled to February 12th, 7 p.m. at the Senior Center. ADJOURNMENT Meeting was adjourned at 9:07 p.m. Barbara Christensen, City Recorder Catherine Golden, Mayor City Council Meeting 2-03-98 6