HomeMy WebLinkAbout2010-0629 Special Mtg MIN
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ASHLAND CITY COUNCIL MEETING
June 29, 20 I 0
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MINUTES FOR THE SPECIAL MEETING
ASHLAND CITY COUNCIL
June 29, 2010
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session ofJune 14,2010, Executive Session ofJune 15,2010 and Regular Meeting
of June 15,2010 were approved as presented.
CONSENT AGENDA
1. Will Council approve the minutes of Boards, Commissions, and Committees?
2. Does Council wish to approve a liquor license Application for Lori Del Rosario dba Vinyl Club at
130 Will Dodge Way?
3. Does Council wish to approve a liquor license application from Jaime Nichols dba French Kiss at 60
E Main Street?
4. Does Council have any questions about the Fixed Asset Capitalization Policy as presented?
5. Does Council have questions on the Financial Oversight Policy?
6. Should Council approve a resolution to adjust budget appropriations for changes in operational
expenses to remain in compliance with Oregon Budget Law?
7. Will Council approve the proposed contract with the Chamber of Commerce for FY2010 - 2011 in
the amount of $280,OOO?
8. Will Council approve an intergovernmental agreement with the Rogue Valley Council of
Governments (RVCOG) to conduct public outreach and education efforts as required by the City's
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NPDES, Phase II Storm water Permit?
9. Does Council wish to enter into an Intergovernmental Agreement with Emergency Communications
of Southern Oregon to provide Emergency Dispatch Services to Ashland?
10. Should the Council authorize signature of an Intergovernmental Agreement with Jackson County
to provide building inspection services?
Councilor Lemhouse requested that Consent Agenda item #2 be pulled for discussion.
Councilor Jackson/Silbiger m/s to approve Consent Agenda items #1, #3 through #10. Voice Vote: all
A YES. Motion passed.
City Recorder Barbara Christensen explained the Oregon Liquor Control Commission (OLCC) rnet with
Ashland Police regarding the concerns the City had with overcrowding and lines forming at the Vinyl Club.
The new owners submitted a control plan that included security protocol, crowd control, drink service, and will
change the venue of the club early 2011.
Police Chief Terry Holderness further described prior issues with overcrowding and the line to get into the
Club and noted the new owners have agreed to stop serving at I :30 a.m. close the bar at 2:00 a.m. instead of
2:30 a.m. and not allow lines to form to get into the club.
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ASHLAND CITY COUNCIL MEETING
June 29, 2010
Page 2 of7
Councilor Lemhouse/Jackson m/s to approve Consent Agenda item #2. Voice Vote: all A YES. Motion
passed.
PUBLIC HEARINGS
1. Does Council wish to adopt a resolution adopting the Ashland Fire and Rescue cost recovery fee
schedule?
Fire Chief John Karns explained the program would allow cost recovery for Ashland Fire and Rescue for
rnotor vehicle collisions and ha?ardous material spills caused by non-residents and all individuals driving
under the influence (DUI). Fees would trigger after two staffhours afld if the accident met specific National
Fire Incident code. The prograrn had a cost table for equiprnent and apparatus utilized and another table for
personnel cost. Jackson County would respond to Ashland residents outside city limits and had a similar
recovery fee.
Public Hearing open: 7:11 p.m.
Public Hearing closed: 7:11 p.m.
Councilor Silbiger/Chapman m/s to approve Resolution #2010-22. DISCUSSION: Councilor Lemhouse
explained citizens fund the Fire Department through property taxes and it was fair to have individuals frorn
outside the City using public safety services reirnburse thern. Roll Call Vote: Councilor Voisin, Chapman,
Silbiger, Jackson, Lemhouse and Navickas, YES. Motion passed.
PUBLIC FORUM
Colin Swales/143 8th Street/Referred to a recent planning action with a large amount of public input that was
not included in the packet but referred to with a link to the City website. He expressed concern regarding
public participation and wanted assurance the decision makers in the matter would read the testirnony
pertaining to the action.
UNFINISHED BUSINESS
1. Will the Council approve Second Reading of an ordinance titled, "An Ordinance Establishing and
Implementing a Program to Charge User Fees for the Deployment of Public Safety Services
Rendered by the City of Ashland, Ashland Fire and Rescue?
City Attorney Richard Appicello read the ordinance title aloud.
Councilor Jackson/Silbiger m/s to approve Ordinance #3021. Roll Call Vote: Councilor Navickas,
Jackson, Chapman, Voisin, Lemhouse and Silbiger, YES. Motion passed.
2. Will Council approve Second Reading ofan ordinance to levy taxes for the period of July 1, 2010 to
and including June 30, 2011?
City Attorney Richard Appicello read the ordinance title aloud.
Councilor Jackson/Silbiger m/s to approve Ordinance #3020. DISCUSSION: Councilor Chaprnan
thought it was an unnecessary tax increase and would not support the ordinance. Roll Call Vote: Councilor
Silbiger, Lemhouse, Voisin, Jackson and Navickas, YES; Councilor Chapman, NO. Motion passed 5-1.
3. Does Council wish to adopt a resolution making a recommendation to Jackson County on issues to
be addressed prior to adoption ofthe Greater Bear Creek Valley Regional Problem Solving (RPS)
Plan?
Comrnunity Development Director Bill Molnar reviewed the changes made to the original four points and the
additions ofRPS Plan 5. High Value Farmland and RPS Plan 6. Housing Strategies. Language was added
to RPS Plan 1. Population that made it a mandatory request as part of the process. RPS Plan 2. Efficient
ASHLAND CITY COUNCIL MEETING
June 29. 2010
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Land Use and Transportation Planning/Implementation created three points that encouraged higher
density; the flexibility to transfer density to another area in the Urban Growth Boundary (DGB), verification to
ensure target densities are met, and an effort is made to increase densities within the existing UGB.
Staff clarified the language in the second paragraph under Population indicated it would be acceptable if a
study was conducted on population and the outcome did not match the City's figure.
Colin Swales/143 8th Street/Encouraged Council to sign the resolution and expressed disappointment that
other communities were not looking at in fill and were using Ashland's fudged population figures to acquire
more land. He hoped Ashland would take a firm stand and lead the rest of the valley by example.
Councilor NavickasNoisin m/s to approve Resolution #2010-21. DISCUSSION: Councilor Navickas
thought RPS was based on creating the next tier outside the UGB by looking at in fill to avoid sprawl.
Councilor Chapman had issues with Section 1 but supported the letter overall. Councilor Jackson clarified the
establishment of urban reserves was a small piece in the program and the State was already pushing all cities to
increase densities in addition to RPS. As a cornponent of the State Land Use Plan, she was in favor of
establishing urban reserves because it addressed sustainability issues that concerned citizens. Having the cities
work together and agree how the transportation network would grow was part of a valid sustainable plan.
Councilor Voisin suggested replacing the word "encourage" under Housing Strategies first paragraph
regarding housing types with "strongly encourage" or "mandate."
Councilor V oisinlNavickas m/s to amend the motion to strike the word "encourage" and replace it with
"mandate" in the first paragraph under Housing Strategies. DISCUSSION: Councilor Voisin explained
housing was a statewide issue and the City needed to be one of the communities that recognized the need for
housing. Councilor Chaprnan thought the word mandate was slightly strong and would not support the
amendment. Roll Call Vote: Councilor Navickas and Voisin, YES; Councilor Jackson, Silbiger,
Chapman and Lemhouse, NO. Motion failed 2-4.
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Councilor Navickas/Chapman m/s to amend the motion to use "strongly encourage" instead of
"encourage" in the first paragraph under Housing Strategies. Roll Call Vote: Councilor Jackson,
Silbiger, Navickas, Chapman, Lemhouse and Voisin, YES. Motion passed.
Roll Call Vote on original motion: Councilor Jackson, Silbiger, Navickas, Chapman, Lemhouse and
Voisin, YES. Motion passed.
NEW AND MISCELLANEOUS BUSINESS
1. Does Council wish to make appointments to the Audit Committee for the at-large member position
and the Councilor/Mayor liaison position?
City Recorder Barbara Christensen explained in addition to appointing an at large member to the Audit
Committee, Council also needed to appoint a Council/Mayor liaison and a Budget Committee liaison to the
Audit Committee as well.
Councilor Jackson/Chapman m/s to appoint Guy Nutter to the Audit Commission with a term ending
4/30/2013; Councilor Lemhouse as Council/Mayor liaison with a term ending 4/30/2011 and Dennis
Slattery as the Budget Committee liaison with a term ending 4/30/2011. Voice Vote: all A YES. Motion
passed.
2. Which four legislative priorities would the Council select as the top priorities for the League of
Oregon Cities (LOC) during the 2011 session of the Oregon Legislature?
City Administrator Martha Bennett explained the policy setting process and the City of Ashland had four votes
ASHLAND CITY COUNCIL MEETING
June 29. 2010
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out of 28 priorities that staff streamlined to 11. Staff recommended H. Allow local governments a more
flexible use of transient lodging tax to meet the increased demands placed both on essential services and
infrastructure created by tourism activities because it would allow more control using TOT to fund the
higher level of public safety services required to support tourists. Ms. Bennett discussed with Council the
affect of Measures 5 and 50 on equity and property taxes.
Council shared what items they wanted to include in addition to staff recommendations and why.
Councilor Chapman/Jackson m/s to select League of Oregon Cities items #F, #H, #0 and #D as the top
prioritie~. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman,
YES. Motion passed.
3. Will Council adopt the City Council Values and Vision Statements?
City Administrator Martha Bennett provided history on the process and explained how the draft attempted to
capture all the input gathered. Council will use the Values and Vision Statements for staff proposed decisions,
rnajor projects and as a tool for Council deliberation.
Cou,!cilor Navickas/Lemhouse m/s to adopt proposed City Council Values and Vision Statements.
DISCUSSION: Councilor Navickas noted the work that went into the draft, thought it was a powerful
staternent, and represented the comrnunity.
Councilor Lemhouse/Jackson to amend the motion to add under Community a reference to the "value
offamilies both traditional and non-traditional to the citizens of Ashland." DISCUSSION: Councilor
Lemhouse commented on the importance of having community recognize traditional or non-traditional
families. Roll Call Vote: Councilor Lemhouse, Navickas, Voisin, Silbiger, Jackson and Chapman, YES.
Motion passed.
Continued DISCUSSION on amended motion: Councilor Lernhouse thanked staff for their work on the
Values and Vision staternents and personally recognized Management Analyst Ann Seltzer's efforts.
Councilor Chaprnan would not support the motion. The City and comrnunity spent tirne, energy and money
putting together what he described as new age nebulous nonsense and it was disturbing that it would be used to
justifY budget decisions and Council actions. Roll Call Vote on amended motion: Councilor Navickas,
Silbiger, Voisin, Jackson and Lemhouse, YES; Councilor Chapman, NO. Motion passed 5-1.
4. Does Council agree with the staff recommendation to administratively implement the classification
system for non-bargaining employees but defer changes in compensation amounts to future fiscal
years in response to the Classification and Compensation Study completed this spring?
Human Resource Director Tina Gray explained in 2007 Council adopted a goal on Employee Continuity
Strategy goal to address the heavy employee turnover experienced for several years. In 2009, the City
contracted with CPS Human Resource Services to conduct a comprehensive study of employee classification
and compensation as a first step in achieving the Continuity Strategy Goal. The compensation classification
piece was one part of the overall strategy. Additional items staff will review include succession planning,
positions lacking a career path, training programs that broaden skill scope and housing affordability issues.
The City hired CPS Consultants for the classification and cornpensation study to ensure job descriptions
adequately captured duties performed and met all legal requirements. Results were presented during the
March I, 20 I 0 Study Session followed by an internal appeals process for employees contesting results.
Staffrecognized the City does not have the resources to implement cornpensation changes at this time and
recommended implementing the classification system for non-bargaining employees now and deferring
changes and compensation to future fiscal years. Individual departrnents will accomrnodate salary increases
ASHLAND CITY COUNCIL MEETING
June 29. 2010
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through the budget process. Baselines for the study were similar to other entities and did not include the
private sector.
Management received mixed responses from employees based 'on whether positions were under or over market.
Employees understood and did not expect raises but were interested in knowing when out of rnarket positions
would be in market in the future.
William Heimann/647 Siskiyou Boulevard/Expressed his dissatisfaction with the study and questioned why
compensation was determined the reason for "turnover" when it was never studied as well as why the private
sector was excluded even though it was requested in the RFP. He was able to compare 30 City positions to the
private sector in a minimal arnount of time. Additionally the labor rnarket cornparison was not cornplete. He
recommended that Council rernove the Compensation portion of the study for further review and only approve
the Classification section.
Staff eXplained cornpensation would be reviewed annually by the Hurnan Resource Director using the positions
benchmarked in the study to survey other jurisdictions to determine compensation and cost ofliving increases.
Staff addressed the difficulty cornparing public positions with the private sector and noted a recent State of
Oregon study on public and private sector jobs that indicated public employee salaries were lower than private
sector employees were. Additional comments clarified the City's market position had changed since the study
started and the rnajority of turnover issues were due to retirements in an aging workforce.
Council discussed adding comparables to private sector for informational purposes only by using the Oregon
State study as a benchmark for comparison.
Councilor Navickas/Jackson m/s to approve Option #1. Implementation with no modifications in pay
for 2010-2011. DISCUSSION: Councilor Navickas thought it was a reasonable option that gave staff the
opportunity to raise salaries below the rnarket rate when the economy irnproved. Council Silbiger had
concerns regarding new hire salaries being inadequate and the cornpensation package over the long run. City
Administrator Martha Bennett clarified that staff cornpared benefit packages and employee shares to
comparable cities and the City was rnid range. She added the City could no longer afford the benefit package
currently offered. Councilor Lemhouse acknowledged the controversy with the study but thought it was
appropriate to do whether there was a turnover issue or not. He supported Option I with an annual review
using the Oregon State study as a benchrnark to compare to the private sector. The study provided a good
frarnework to move forward. Councilor Voisin was concerned the data used in the study was collected prior to
the worst part of the recession and things had changed since then. She referred to a recent speech from
Governor Kulongoski that there would be radical changes to the State's benefits package and thought the City
should look at what the State was doing regarding benefits. Councilor Chapman would not support the motion
and expressed concern the compensation portion was based on marginal data. Roll Call Vote: Councilor
Jackson, Voisin, Navickas and Lemhouse, YES; Councilor Chapman and Silbiger, NO. Motion passed
4-2.
5. Does Council wish to approve a Resolution clarifying certain conditions of employment for
Management and Confidential Employees, repealing Resolution 2008-26?
Human Resource Director Tina Gray eXplained Resolution 2008-26 acted as a union contract for management
employees and stated the conditions of ernployment and benefits applicable to non-represented employees.
The changes staff recommended would incorporate classification modifications, adjust emergency response
tirnes to match union emergency response times, pro-rate leave and general updates to maintain consistency
between non-represented and union counterpart positions.
A typographical error referencing 2008 instead of 20 I 0 and a correction to emergency response times were
ASHLAND CITY COUNCIL MEETING
June 29, 20 I 0
Page 60f7
noted. Staff clarified administrative leave applied to exempt employees attending night meetings in lieu of
overtime, confirmed Cost of Living Adjustment (COLA) for 2010 was positive but the City was forgoing
COLA increases this year due to budget constraints. Currently there was no viable financial way to correct
compression issues in unionized departments and they would most likely never be resolved.
Council and staff discussed Council concern regarding employees cashing in part of their vacation hours
instead of taking vacation. This option allowed employees the opportunity to cash in or exchange hours for
another type ofleave to avoid hitting the cap and losing that time. The Resolution requires employees to take
50% of vacation accrued during the year. Various factors like budget cuts and understaffing attributed to
ernployees not taking full vacation. Forcing ernployees to take full vacation time would dramatically decrease
production to the point where the City would have to back fill and hire more employees to bridge the gap.
Buying back vacation time was budgeted annually through salaries. Tirne sold back to the City was
docum,;,nted as hours worked and applied to Public Employee Retirement Systern (PERS) at a base rate.
Councilor Navickas/Lemhouse m/s to approve Resolution #2010-20 and include changes on page one of
the staff report. Roll Call Vote: Councilor Jackson, Voisin, Navickas, Silbiger, Chapman and
Lemhouse, YES. Motion passed.
6. Does Council have any direction for staff regarding the draft ordinance titled, "An Ordinance
Creating Chapter 11.43 Relating to Storage of Personal and Recreational Vehicles and Amending
AMC 11.24.020"?
Police Chief Terry Holderness presented the staff report, explained how parking and storing vehicles on the
roadway generates controversy, and was a values decision for the City. Most cities in Oregon and the western
states require vehicles to be moved every 24-72 hours with additional restrictions on recreational vehicles
(R V s). The City encourages people to park their vehicles and walk or ride bikes but there is very little on street
parking for residents and sorne homes do not have off street parking. The proposed ordinance was more
permissive and considered vehicles parked for more than 72 hours with debris underneath as stored. It gave
citizen's the right to park their vehicles on the street for an unlimited time as long as the area beneath was clear
of debris. Recreational vehicles could sit for 72 hours on the street as long as they were parked within the
resident's property line, did not block traffic ~r restrict vision. Currently enforcernent was complaint driven.
Colin Swales/143 8'h Street/Supported the proposed ordinance and recalled a parking issue regarding a
tractor-trailer that blocked a neighbor's second story view. Many things could be done to calm traffic in
neighborhoods and deter large trucks using burnp outs, traffic circles and bicycle boulevards. He asked for
clarification on a State ordinance regarding trucks leaving the truck route.
Council discussed extending parking limitations for R V s and adding language prohibiting using a vehicle on
the street for storage. Staff will look at contiguous parking, change the Class B Violation, address using
personal vehicles for storage and add language for oversized vehicles.
Councilor Lemhouse/Jackson m/s to direct staff to bring back the ordinance for first reading on July
20,2010 with suggestions included. Roll Call Vote: Councilor Silbiger, Navickas, Lemhouse, Jackson,
Chapman and Voisin, YES. Motion passed.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Does the Council approve the first reading the remaining ordinances adopting Chapter 18.53
Croman Mil and related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and
Zoning map amendments, and request the complete set of six ordinances to be scheduled for second
reading?
ASHLAND CITY COUNCIL MEETING
June 29. 20 I 0
Page 70f7
Abstentions. Conflicts. Exparte Contact
Councilor Silbiger declared a conflict of interest and requested Council to recuse him from the discussion.
The remaining Council and Mayor had no other conflicts of interest or Exparte contacts to declare.
Councilor Jackson/Chapman m/s to recuse Councilor Silbiger due to conflict ofinterest. Voice Vote: all
AYES. Motion passed.
Councilor Silbiger left the meeting at 9:43 p.m.
Staff confirmed 18.53.040 Use Regulations B. Special Permitted Uses 8c: "Manufacturing, assembly,
fabrication packaging operations requiring an air contaminant discharge permit from the Department
of Environmental Quality (DEQ) shall be prohibited," did not apply to compatible industrial and
recommended deleting it frorn the ordinance. Council consensus agreed to delete 18.53.040 Use Regulations
B. Special Permitted Uses 8c. frorn the ordinance.
Council discussed concerns the outdoor storage space for CI was too srnall in 18.53.040 Use Regulations
Section B. Special Permitted Uses 11. Limited Outdoor Storage a: "The maximum area dedicated to
outdoor storage shall be 1,000 sq. ft. in the OE and MU overlay; and 2,500 sq. ft. in the CI overlay, or
50 percent of the ground floor area of the building housing the associated permitted or special
permitted use, whichever is less." Council agreed to replace "...whichever is less," with "whichever is
more."
18.53.040 Use Regulations B. Special Permitted Uses 3. Limited Stores, Restaurants and Shops,S. Child
or Day Care Facilities and 6. Ancillary Employee Services. Council discussed concerns that the space
allocated was not adequate and increasing the limitation could create a loophole that changed the site to a
different district. Council agreed to continue the discussion at the August 3, 20 I 0 rneeting.
Councilor Jackson/Lemhouse m/s to continue first reading of all six ordinances related to the Croman
Mill Site Project until August 3,2010. Roll Call Vote: Co.uncilor Navickas, Lemhouse and Jackson,
YES; Councilor Chapman and Voisin, NO. Motion passed 3-2.
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Barbara Christensen, City Recorder