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HomeMy WebLinkAbout1998-0818.REG.MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 18, 1998 CALL TO ORDER Mayor Shaw called the meeting to order at 7:07 p.m., in the Civic Center Council Chambers. ROLL CALL Councilors Reid, Hauck, Hagen, Wheeldon, and DeBoer were present. Councilor Laws was absent. APPROVAL OF MINUTES Mayor Shaw noted that the minutes of the regular meeting of August 4, 1998 had been amended to reflect a correction on page 3. Under the Citizens' Committee Report on LIDs, references to the Ad Hoc Communications Committee were changed to indicate the Ad Hoc LID Committee. Mayor Shaw noted a change on page 4, under the comments made by Kindler Stout of 130 Orange Street. The second to the last sentence was corrected to read as follows: "Clarified that his street is in-completed, but the prqject hash 't been billed" The minutes of the regular meeting of August 4, 1998 were approved as amended. SPECIAL PRESENTATIONS & AWARDS 1. Acceptance of a "Certification of Investment Policy" by the Municipal Treasurer's Association for the City's adopted investment policy. City Recorder/Treasurer Barbara Christensen explained that this is the first time that the City has received this certification. Noted that it represents a recognition and certification of the City's investment policy by the Municipal Treasureifs Association (MTA), a national organization that helps set guidelines for government agencies. Stated that this certification is done each year, but that it is the first time Ashland's policy has been certified. Clarified that this certification applies to the investment policy that was adopted at the August 4th meeting, and that this was the first revision of the City's investment policy since 1989. Explained that certification means that all major criteria set by MTA have been met. Also noted that certification plaques were presented at MTA's recent national conference in Chicago. 2. Update on Public Works Construction Activities. Public Works Director Paula Brown stated that this will be a quarterly report to Council from now on, and noted that she would welcome any recommendations from the Council as to changes in format. Stated that the Central Ashland Bikepath (CAB) is not included, as it is an Oregon Department of Transportation (ODOT) project, but noted that she has been informed that while it is behind schedule, it is still expected to meet its completion deadline which is about I month behind the original date. Brown noted that this item was presented for infornmtional purposes, and that she can answer any specific questions the Councilors may have. Councilor Reid questioned the moisture problems that had been encountered on the Sherman Street project. Brown explained that this was originally an in-house project, but was contracted out when moisture under the road required extra excavation. The project is roughly 1 week behind at this point, and the moisture problems will add 1 week to the project and increase the total cost by roughly $20,000. Explained further that the moisture source has not been identified, but it has been tested and determined to be non-toxic. Suggested that it may be an old cistern, and will require additional drainage. City' Council Meeting 08-18-98 1 In response to a request from Mayor Shaw to use a more logical organization for the report's format, Brown stated that she could use a fast track/project management format which would have a timeline layout with explanations. Councilor Wheeldon inquired about the Airport improvements. Brown explained that the SOREDI grant has not been accepted yet, as additional funds must be located. Stated that this issue should come before the Council at the September I meeting. Brown also explained that the cost of the fuel tank replacement project would be split between the City yard and airport. Brown noted for Councilor Wheeldon that the GIS study budget totals are uncertain, as there could be additional add-oh's. Stated that there would be an overall proposal for Council later. Explained that this project included a FTE position, with hardware and software purchase. City Administrator Mike Freeman noted that these projects typically involve more up-front costs, and that they are gradually assimilated into other departments. Explained that the added position is currently responsible for database maintenance, and that based on the database other City departments will build applications. Councilor Wheeldon requested a CAB budget breakdown prior to the September I meeting on the LID Committee Report. Explained that she has received inquiries about why the City pays for paving of bikepaths when it doesn't pay to pave streets, and wanted to illustrate that this project was primarily funded by ODOT. Brown also noted at Councilor Wheeldon's request that 5 new RVTD shelters had been provided. 3. Presentation and discussion regarding 1,000,000 Solar Roofs and Solar Initiative. Administrative Services Director Dick Wanderscheid introduced Director of Electrical Utilities Pete Lovrovich and Angus Duncan of the Columbia Pacific Institute. Explained that Duncan had been looking for a Northwestern partner for a solar electric program, and thought that working with Ashland would be a successful partnership. Explained that Duncan had previously met with Mayor Shaw, Councilors Reid and Laws and City staff in April, and there was a desire to pursue the matter further. Stated that it is feasible for Ashland to develop this solar program, and it would benefit both the citizens and the City. Wanderscheid explained that Duncan has looked at resources available nationally while he and Lovrovich have looked at resources locally. If all parties pulled together, there would be a pool of money available to fund this technology in Ashland. Noted that the Utility would also need to install solar equipment on the City side to supplement electricity provided by the Bonneville Power Association (BPA). Explained that market research will be necessary, and that this will included as part of the community attitude survey. This research will be used to determine the level of citizen interest in participating in the project and to identif~v what costs the market will bear. Also stated that the City will meet with large customers one on one. Pointed out that available funds should mean that the price can be brought down to a level so that many citizens would be able to afford to participate. Lovrovich noted that there was a City policy from 1996 that allows citizens with solar power to be connected to the City power grid, with the City to pay for power produced beyond what is used. Stated that all utilities need to lead the way in producing additional resources in order to reduce the greenhouse effect. Emphasized that this project will work well in combination with other ideas being looked at for the 1999-200 fiscal year, including a potential solar field to produce power in Ashland. Angus Duncan from the Columbia Pacific Institute stated there is a great deal of interest and enthusiasm for this project, both here and in Washington. Noted that he had met with Bonneville Power Administration (BPA) representatives in Seattle, and with Oregon Department of Energy (ODOE) representatives concerning the Solar Rooftops program, and they are interested in having projects in the Northwest, and agree that Ashland is an excellent location. He will be meeting with both again in September to see what sort of help they would be willing City Council Meeting 08-18-98 2 to offer. Noted that he has spoken with other agencies about procurement partnerships, and many would like to see projects going on in the Pacific Northwest. Stated that there have been no negative comments, and in some cases interest has been coupled with a willingness to contribute. Pointed out that there is the possibility for a state tax credit and even the possibility of some federal demonstration or federal facilities funds to become available. Explained that the quality of the solar resource here is similar to the best areas in the Northwest, and only a small step down from the best areas. Stated that part of this project will involve an Ashland-specific research station. Explained that while solar electric generation is very costly, costs are coming down dramatically, and substantial orders from larger utilities are leading to manufacturing efficiencies that could mean a 40% price decrease over the next three years. Looking at costs over the long-term, solar power runs about 20¢ per kWh, compared to the current cost of 5¢ per kWh, with a 40% reduction bringing solar costs down to 12-14¢. Emphasized that maintenance costs are low, and the technology is reliable, but that few people would be willing to buy-in at these costs. Costs would need to come down to 6-7½¢ per kWh to appeal to customers who are willing to pay some premium to help the environment. The City's buy- back and federal and state assistance will help in this regard, and the City could also choose to use part of its public assistance to support this program further, or increase the buy-back rate. There will be tax credits from the state, plus ODOE and/or BPA funds. Suggested that the near-term strategy should be to offer a green-power mix to control costs. This would pull prices down substantially. Concluded that the next step besides market research would be to talk to interested parties about levels of support they would be willing to provide, and to seek letters of intent. Will come back to Council with a hard number proposal and letters from backers. Councilor Reid suggested working with SOU. Wanderscheid stated that they would need Council approval to move further. Stated that significant money will be available from BPA, and that there could be a significant reduction in the City's wholesale rates for funding this program and using green power. Lovrovich stated that BPA would be willing to participate jointly in a presentation before the Council. Duncan noted that there is an ongoing solar measurement network through the University of Oregon, and they would be very interested in bringing research equipment here. This could be a source of research and development funds from BPA, which has been very supportive of new initiatives dealing with renewable resource projects. Feels that this could mean a substantial financial commitment from BPA up front, and SOU could be the locus of a research station, as Councilor Reid suggested. Mayor Shaw noted that both the weather and the political attitudes that prevail in Ashland would go a long way toward ensuring the success of this project. Wanderscheid noted that staff was seeking Council approval to actively pursue this project for inclusion in the next budget cycle, with possible implementation by next July. Councilors Reid/Wheeldon m/s to direct staff to move forward with research and outreach for this project, with the intent to begin implementation during the 1999-2000 Fiscal Year. Voice vote: All AYES. Motion passed. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Confirmation of Mayor's appointment of Gary Foil to the Historic Commission for a term to expire on April 30, 2000. Councilors Hagen/Reid m/s to accept the consent agenda. Voice vote: All AYES. Motion passed. PUBLIC HEARINGS (None) City Council Meeting 08-18-98 3 PUBLIC FORUM Pam Tennity/374 Cambridge Street/Environmental Center Coordinator for Headwaters/Invited Council and viewers to Headwaters' Festival for the Creeks, a new program to raise public awareness of issues around living on and in an urban stream system. Explained the event and left brochures. Bob Taber/97 Scenic Drive/Discussed a letter he had sent to Director of Community Development John McLaughlin and Southern Oregon University (SOU) President Stephen Reno. Explained that the Planning Commission had been looking at an SOU application to demolish four units of affordable housing to provide more parking spaces on campus. Concerned that approval is automatic because the project was part of SOU's master plan. Stated that such a project should not be approved when it results in the demolition of low cost housing and contradicts the City's Transportation Plan. Attempting to solve problems by paving is an aggressive and unsustainable strategy, and not what he would expect from SOU. Feels that this should have been an opportunity for administration, staff and students to respond with a responsible and sustainable action. One possible solution to SOU's parking problem would be to require that all vehicles parking on campus have at least two occupants. This would not only help solve the parking problem, but it would reduce auto use and traffic congestion City wide, and would also reduce air pollution. Believes that since his letter received no response, the Planning Commission reviewed and approved this project. Stated that it is his hope that a way can be found to change SOU's master plan in order to prevent automatic approval, decrease auto use, and increase the availability of low cost housing in Ashland. Feels that the City and the Universits' should scrutinize the parking issue more seriously. Cate Hartzell/881 E. Main/Thanked the Council for its support of the Water Advisory Group (WAG). Emphasized that the presentation by Carollo Engineers during the study session earlier in the evening was the same one given to the WAG almost a month ago. Concerned that the consultant has not incorporated the suggestions and questions of the citizen advisory group. Urged Council to watch the progress of this project carefully, as she believes that the preliminary conclusions have been reached too quickly and have not addressed issues raised by the WAG. Emphasized that she appreciates the level of curiosity and concern exhibited by the Council in their questions. Also raised the issue that those in the audience, even in the front row, cannot hear the presenters. Suggested that staff look into adding inexpensive headphones where there are jacks available as part of an interim strategy to improving the Council chambers' sound system. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Council Meeting Look Ahead. City Administrator Mike Freeman noted that the double entries on the second page will be corrected. 2. Request from the City of Talent for Council approval of contribution to Jackson County Animal Shelter for new cooling system. Freeman noted that concerned citizens had brought this issue to his attention, and he had suggested letter to Mayors around the valley to bring attention to this issue and request assistance. Noted that one alternative available to Ashland, as the only municipal electrical utility in the valley, would be to contribute the electrical expertise of its electricians and inspectors to design and wire the new cooling system as an in-kind donation. Mayor Shaw noted that in the past, she has suggested to the valley's Mayors and County Commissioners that pet food be taxed to support this facility. Councilor Hauck stated that he likes Freeman's suggestion of an in-kind donation, but he would like to see the City provide $300-500 from contingency funds. Councilor Wheeldon stated that she would like to be sure that the air conditioning system is taken care of in the rental space the City uses to house its Public Works department. City Council Meeting 08-18-98 4 Councilors Hauck/Hagen m/s to donate $500 to the Jackson County Animal Shelter for the new cooling system, and in-kind services as staff time allows. Voice vote: All AYES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second reading of "An Ordinance Amending the Fire Prevention Code, Chapter 15.28 of the Ashland Municipal code, by Incorporating the Provisions of the 1998 Edition of the Oregon Uniform Fire Code." Councilors Hagen/Reid m/s to adopt Ordinance #2827. Roll call vote: DeBoer, Wheeldon, Hagen, Hauck, and Reid, YES. Motion passed. 2. First reading by title only of "An Ordinance Amending Section One of Ordinance 2582 to Extend the Franchise Term for Ashland Sanitary Service to the Year 2018." Councilors Wheeldon/Hauck m/s to move the ordinance to a second reading. Roll call vote: Reid, Wheeldon, Hagen, Hauck, and DeBoer, YES. Motion passed. 3. First reading by title only of"An Ordinance Amending Section 9.20.030.A of the Ashland Municipal Code to Permit Meat to be Packaged in Styrofoam." Councilors Reid/Hauck m/s to move the ordinance to a second reading. Discussion: Councilor Reid noted that this issue came before the Conservation Commission, and that she and Administrative Services Director Dick Wanderscheid had accompanied members to Buy Rite Market, where meat was received in styrofoam, re-packaged, and the styrofoam disposed of. The Conservation Commission debated this issue at length. Emphasized that the Styrofoam Ordinance has been a big success in removing styrofoam from the wastestream, but the Portland ordinance that it was modeled after does not include meat packaging. As it is now, styrofoam is going into the wastestream, and other products are being used to replace it as well. Stated that the Ordinance is still valid and important, and that this amendment is merely a correction. Roll call vote: Hagen, Wheeldon, Reid, DeBoer, and Hauck, YES. Motion passed. Councilor DeBoer noted that he had read that the breakdown of styrofoam is now quicker than that of plastic. Wanderscheid noted that the ordinance intent was to deal with concerns over chlorofiuorocarbons (CFCs) and to reduce litter. Explained that the Portland ordinance applies only to prepared foods, and not to meats. Stated that he would look at available research to compare the breakdown of plastic versus styrofoam. Councilor Hagen explained that even though new blowing agents used in styrofoam production are not CFCs, they are still greenhouse gases. Councilor Wheeldon questioned the possibility of pursuing delivery of meat in non-styrofoam packaging. Councilor Reid stated that this had been explored, but that it would be interpreted as interference in interstate commerce. Mayor Shaw noted her concerns that some stores with in-house packaging will revert back to using styrofoam, and questioned if there might be a way to limit this ordinance to meats received by stores already packaged in styrofoam. Wanderscheid explained that in fact, plastic has been determined to be an inferior way to package meats, as polystyrene is more breathable. In addition, in most cases meats are brought in already packaged. Stated that the Conservation Commission had tried to deal with these issues. Explained that they would like to look at what happens based on this change after it has been in effect for six months. Mayor Shaw noted that recycled pulp meat trays are available, contain fewer chemicals than the meat or fish they are designed to hold, and that Albertson's was rumored to be looking into their use throughout there franchise if they were successful in Ashland under the original ordinance. Councilor Reid noted that presently, chicken delivered packed in styrofoam is removed and re-packaged, and this greatly reduces the shelf-life as it is exposed to numerous contaminants through re-packaging. ciD. Council Meeting 08-18-98 5 4. Reading by title only of"A Resolution of Intention to Provide for Improvements to Waterline Road Consisting of Paving, Curbs, Gutters, Storm Drains, Water Line, Fire Hydrants, and Retaining Walls and Setting a Public Hearing." Director of Community Development John McLaughlin provided background information, and explained that a public hearing would be set for October 6th. Since Council's direction that staff proceed with this project, they have prepared estimates, done preliminary design work, and met with the Alstons, the Homeowners' Association, and some potential purchasers of the Alston property in order to address the concerns of all parties. Emphasized that while a complete agreement has not been reached at this point, all parties could bring their comments and concerns to the public hearing. Pointed out that a letter had been received from David Williams, of the Park Estates Homeowners~ Association, raising two concerns. To address the Association's concerns over the cost of the proposed improvements. they will be meeting with Public Works Director Paula Brown. McLaughlin stated that the other concern, which centers around the timing of the actual implementation of the improvements, could best be addressed by the Council's direction to staff at the public hearing. Explained that the Association would like the actual improvements to wait until a development plan is in place for the property. The Alstons, however, have expressed their concern that the improvements need to be in place before they can sell the property to someone who would be interested in developing it. Councilor Reid questioned whether rumors that City staff had informed prospective buyers that they would have to pay for improvements themselves were true. Also inquired about the points of disagreement if all parties were at the table. McLaughlin explained that there have been about four hours of meetings to this point. The Park Estates homeowners recognize their responsibility, but there are small issues remaining that might be resolved over the next month, prior to the hearing. Stated that when potential buyers had expressed concerns over Ashland's LID process with the difficulties and delays brought about by remonstrance, they were informed that another option would be to pay for the improvements themselves to avoid any delay. The concern over possible delays as part of the present LID process is a factor in the Alstons difficulty in selling the property. Stated that staff recommends adoption of the resolution before Council, setting the public hearing and continuing discussion. Said that by the time of the hearing, the remaining issues may be resolved or they may need to be decided by Council at the time of the hearing. McLaughlin confirmed for City Administrator Mike Freeman that issues raised by the homeowners about road design had just been brought up. and would be discussed. Councilor DeBoer questioned the nature of the pre-sign agreements. McLaughlin stated that they are standard agreements, but that they were signed by the developer at the time of development and attached to the individual deeds of each property. Homeowners have assumed responsibility for improvements at the time they purchased the properties. Discussed whether this would suggest City participation in improvements under the proposed new LID policy. McLaughlin stated that this was a Council decision, but that his feeling was that it would not qualify. DeBoer concurred, and stated that he was opposed to the improvements without a development plan. Councilor DeBoer suggested that the agreement is conditional to a development plan, and urged Council to defer the LID until a plan is in place. Councilor Reid expressed her concerns with delaying the start of the six-month remonstrance period. City Attorney Nolte stated that the Homeowners' Association would be in favor of the formation of the LID, provided that the actual improvements were not made until development was planned. Explained that Council could make improvements conditional to a development plan when the LID is formed, and with that condition in place the homeowners would be willing to waive their right to remonstrance. The LID would be formed and in place at the public hearing. Mayor Shaw and Councilors Reid and Hauck indicated their approval of this option. Councilor DeBoer stated that he would like to postpone the hearing until there is a development plan and have staff continue to seek agreements not to remonstrate from property owners. City Council Meeting 08-18-98 6 Councilors Hauck/Hagen m/s to adopt Resolution/¢98-19. Discussion: Mayor Shaw explained that in a typical situation, the fact that LIDs are attached to development is one of the issues that draws objection. in this case, the improvement is pure, would fix a loose end, and has no development attached to create side issue problems. Roll call vote: Hauck, Hagen, Reid, and Wheeldon, YES. DeBoer, NO. Motion passed 4-1. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Reid questioned whether an agreement with Talent Irrigation District (TID) has been signed. City Administrator Mike Freeman stated that a memorandum of agreement between TID and the City had been signed and sent to the Bureau of Reclamation (BOR), and the City is now waiting for BOR response. Public Works Director Paula Brown confirmed that this dealt with the 1965 agreement for a water right of 795 acre feet, that response was expected from BOR in 2-3 months, and that they were able to change the delivery date in the agreement. Councilor Wheeldon briefly discussed Bob Taber's comments from the public forum. Noted concern that this project involved 80 spaces, as it was her understanding that there were only 30 spaces in SOU's master plan, and that Council had a commitment from SOU not to build more. Suggested looking at the SOU plan in light of the City's transportation element. Director of Community Development John McLaughlin noted that Council had adopted SOU's Plan 2000 as part of the City's Comprehensive Plan. The area under discussion had previously been planned as parking and was put off for a time. However, new buildings that have been constructed necessitated more parking spaces leading to the project Mr. Taber discussed. McLaughlin emphasized that by City ordinance, if an item is in the adopted Plan 2000, the City shall approve it, and also noted that a permitted use cannot be denied. Suggested that policy changes be discussed with the SOU administration. McLaughlin confirmed for Wheeldon that there are more parking projects included in SOU's Plan 2000. Councilor Hauck noted his disappointment that houses were to be demolished as part of the SOU parking project, when they were usable and could be moved. Pointed out that in a similar project by Providence Hospital in Medford recently, houses had been donated to Habitat for Humanity and relocated. McLaughlin stated that Bruce Moats of SOU had indicated to him that they were attempting to move these houses rather than demolishing them. Councilor Wheeldon requested that several questions be considered in preparing the Water Master Plan: What sociological factors come into play in the model being used, besides conservation? Where is the water used by the City coming from, and what resources are being depleted by its use? To what extent could we draw from the Ashland Watershed without damaging it? Why is it not feasible to build more storage? (It was explained that permitting was the problem behind dam construction for in-channel storage.) Mayor Shaw asked for confirmation that 1930 numbers were being used as a baseline. Stated that the City could use all of the water in the watershed without adversely affecting the watershed itself, but effects of such usage would be felt downstream to Bear Creek and the Rogue River. Public Works Director Paula Brown stated that she would look into these issues further and bring information back to Council. Councilors and viewers were reminded that a City Council study session was scheduled for Wednesday, August 19, 1998 at 12:30 p.m. in the Council Chambers to discuss Wastewater Treatment Plant (WWTP) Off-Site Infrastructure, Oak Street traffic calming measures, and a request for the closure of Winburn Way on Sundays. ADJOURNMENT The meeting was adjourned to Executive Session at 8:43 p.m., pursuant to ORS 190.660(1)(e), for discussion of real estate issues. Mayor Shaw noted that the press was welcome to attend, but that they could not report on the proceedings. Derek D. Severson, Acting City Recorder ~Cat~ e rin~'Oee~. S h aw~ City Council Meeting 08-18-98 7