HomeMy WebLinkAbout2011-0419 Council Mtg MIN
ASHLAND CITY COUNCIL MEETING
April 19, 2011
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 19, 20111
Council Chamb~rs
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 Slattery, Morris, Lemhouse, Voisin, Silbiger, and Chapman were present.
MAYOR'S ANNOUNCEMENTS
Southern Oregon University (SOU) President Mary Cullinan described how Senate Bill 242 would
change the University's status from a State agency to a public university system and enable SOU to
control resources. She read the letter of support to the Joint Ways and Means Education Subcommittee
and asked the Mayor and Council for their endorsement.
Mayor Stromberg added the letter supporting Senate Bill 242 to the CONSENT AGENDA as item
number 3. He went on to combine agenda item number 1. Should Council approve Second Reading of
an ordinance titled, "An Ordinance Relating to Setting Business License Fees by Resolution"? under
ORDINANCES, RESOLUTIONS AND CONTRACTS with agenda item number 1. Will Council
approve Business License Fees consistent with those formerly incorporated within the Ashland
Municipal Code? under PUBLIC HEARINGS.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of April 4, 2011, Executive Session of AprilS, 2011, and Regular
Meeting of AprilS, 2011 were approved as presented.
CONSENT AGENDA
1. Does Council wish to approve the Mayor's recommendations for the Annual Appointments to
the various Commissions and Committees?
2. Should Council approve a resolution to adjust budget appropriations for changes in operational
expenses to remain in compliance with Oregon Budget Law?
3. Should Council send a letter in support of Senate Bill 242 on behalf of the City?
Councilor Slattery and Councilor Voisin declared potential conflicts of interest regarding Consent Agenda
Item #3 .due to their associations with Southern Oregon University but both felt they could make an
unbiased decision.
Councilor Silbiger requested that Consent Agenda item # I be pulled for discussion.
Councilor LemhouselMorris mls to approve items #2 and #3 on the Consent Agenda. Voice Vote:
all AYES. Motion passed.
Councilor Silbiger explained why he was not comfortable voting for two appointments to the
Commissions. Mayor Stromberg shared why he was appointing one of the applicants in question and
Council discussed Commission attendance requirements regarding the other applicant.
ASHLAND CITY COUNCIL MEETING
April 19, 2011
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Councilor Silbiger/Chapman m/s approve all the appointments with the exception of the
Transportatiou Commission. Voice Vote: all A YES. Motion passed.
Councilor Voisin/Slattery mls vote to approve Transportatiou Commission appointments.
Voice Vote: Councilor Slattery, Morris, Lemhouse, Voisin, and Chapman, YES; Councilor Silbiger,
NO. Motion passed 5-1.
PUBLIC HEARINGS
1. Should Council approve Second Reading of an ordinance titled, "An Ordinance Relating to
'Setting Business License Fees by Resolution"?
AND
Will Council approve Business License Fees consistent with those formerly incorporated within
the Ashland Municipal Code?
Administrative Services Director Lee Tuneberg explained the ordinance would amend the Ashland
Municipal Code by removing the business license fees and having them set by resolution. The resolution
would reestablish the fees stated previously in the ordinance.
Public Hearing Open: 7:16 p.m.
Public Hearing Closed: 7:16 p.m.
Councilor Chapman/Slattery m/s to approve Resolution #2011-12. Roll Call Vote: Councilor
Chapman, Lemhouse, Silbiger, Voisin, Morris, and Slattery, YES. Motion passed.
Councilor Chapman/Slattery m/s to approve Ordinance #3047. Roll Call Vote: Councilor
Chapman, Lemhouse, Silbiger, Voisin, Morris, and Slattery, YES. Motion passed.
PUBLIC FORUM
Brandon Ducherme/1401 Oregon Street/Expressed concern Council only tabled the idea of an
exclusionary zone discussed during the April 5, 20 II City Council meeting and urged Council to remove
it permanently from future consideration.
Keith Haxton/1106 Paradise Lane/Explained a program that would allow residents to install solar
. panels and pay for the panels through the electricity generated.
UNFINISHED BUSINESS
1. Will Council approve ODOT's request to extend City water and sewer services outside of the
urban growth boundary to the proposed Siskiyou Welcome Center and Rest Area?
Public Works Director Mike Faught eXplained the Oregon Department of Transportation (ODOT)
estimated the Welcome Center and Rest Area would need 1400 gallons of water per day that was
equivalent to 3.7 single-family units. ODOT would contract with Talent Irrigation District (TID) for
irrigation water. Mr. Faught provided history on the sewer line connection. The water and sewer request
would,have little if any affect on the current system.
Staff eXplained Jackson County's land use was appealed to the Land Use Board of Appeals (LUBA) who
cited Goal II that prohibits the extension of City water services to serve urban use on rural land and
required an exception to that goal. ODOT would request the exception to Goal II at an upcoming
meeting May II, 20 II with Jackson County.
Area Manager Art Anderson and Project Manager Tim Fletcher from ODOT were present to reaffirm
Council's earlier commitment to provide water and sewer to the rest area. Mr. Anderson described the
proposed safety measures and aesthetics for the Welcome Center and Rest Area that included separating
ASHLAND CITY COUNCIL MEETiNG
April 19, 2011
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trucks from vehicular traffic, fences, gates, and aI, 750-foot ramp for merging traffic as well as an office
for Oregon State Police (OSP) at the Welcome Center. He went on to summarize points from the
Frequently Asked Questions submitted into the record.
Mr. Fletcher explained OOOT would use six-foot high chain link fences with barbwire, around the
parameter. The access road would have an additional fence with an automatic gate system. For
additional privacy to residences along the northern part of the property, the chain link fence would have
slats.
Mr. Anderson confirmed if Council approved the Welcome Center and Rest Area and Travel Oregon was
unable to build the Welcome Center, OOOT would build the Rest Area.
Chief Strategy Officer Scott West of Travel Oregon explained they would seek Federal and State funds,
infrastructure loan funds, and strategic reserve funds and was confident they would be able to raise the
money to build the Welcome Center. The operations portion was already committed. The Welcome
Center would have 2-3 fulltime employees year round from 8:00 a.m. to 5:00 p.m., hours may vary.
Mr. West further explained funding was not secured but the Welcome Center was a strong candidate for
Transportation Enhancement funding. Travel Oregon estimated it would take two years to raise the $2
million for the Welcome Center. Operations funding would come through the Statewide 1 % Lodging
Tax.
OSP Officers Lt. Kelly Collins and Sergeant Oave Beck eXplained the Rest Area and Welcome Center
were in a patrol tactical zone considered one of the worst crash areas in Jackson County and had a strong
police presence as a result. Having a facility where officers could stop and process work on their laptops
would be beneficial.
PUBLIC TESTIMONY
Nancy Parkerl456 Euclid Streetffhought the Welcome Center and Rest Area one mile from Exit 14
would detract from local businesses. She was concerned about water usage and costs and hoped Counci I
would consider the interests and needs of Ashland community in making their decision.
Jerry Steinl806 Cypress Point Loop/Commented on the increased fire risk the proposed Welcome
Center would bring. Travelers could drive the extra mile to Exit 14. He urged Council to vote against
extending water and sewer to the project.
Dan Folliardl1032 Oak Knoll Drive/Pointed out contradictions on project's history and issues with the
current proposal.
Allen Walters1775 St Andrews CirclelExplained he worked with OOOT for 25 years and questioned
what agency would run the Rest Area when OOOT was taking mandatory furlough days. He also asked if
the 20 people on Crowson Road could tap into the sewer I ine and if the water runoff from the parking area
would go into the sewer. Additionally, he questioned if the Rest Area would shut down during water
curtailment and how will they maintain irrigation when TID shuts down for the season?
Bonnie McCormick/1321 Neil Creek RoadlNoted she had worked for the Welcome Center since 1994
and commented how the numbers at the Welcome Center dropped dramatically since they moved from
the 1-5 location. However, the response to the Visitor Center has never changed with many repeat
customers. The Visitor Center provides a variety of information for travelers that extended statewide. A
large part of Oregon's income came from state visitors and she supported having a Welcome Center to
provide friendly assistance and promote Oregon locally and' statewide.
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Sandra SIattery/ll0 East Main/Introduced herself as the Executive Director of the Ashland Chamber of
Commerce and noted the Chamber's involvement in funding for the Welcome Center over the past 16
years. She eXplained the need a Welcome Center would fulfill. The Ashland Chamber of Commerce and
Visitor's Bureau supported a Welcome Center that would operate seven days a week year round and
never supported a rest area without a Welcome Center run by staff. The Chamber encouraged Council to
extend water and sewer service with the financial commitment from Travel Oregon and the Governor's
office that the Welcome Center w built.
Galan Otto1760 Salishan Court/Expressed concern about the use of water outside of the City. The City
was setting a dangerous precedent extending water outside City limits. He observed trucks coming down
[-5 traveling at high speeds and noted it was a very dangerous place. The addition of the Welcome Center
increased the risk for vehicular crashes that could roll into the yards of residents on Crowson Road. He
hoped Council would not extend water outside City limits.
Matthew Folz/l Mazama Dormitory Drive/Crater Lake, OR/Explained he was the Environmental
Director at Crater Lake National Park and how waterless urinals and low flow dual flush toilets used at
the Park contributed to a 40% reduction in water usage. The Welcome Center would allow guests to not
only stop but also potentially stay in the region. Sustainable design in the Welcome Center and Rest Area
would represent Oregon, minimize the carbon footprint in respect to energy and water usage and could
offset concerns regarding water from the City.
Gigi LaRossa/212 East Main Street/Represented Don Anway from the Ashland Springs Hotel and
eXplained she was the Concierge at the hotel. She shared a personal story regarding the Visitors Center
and noted how the Welcome Center would be beneficial for travelers. Having the Welcome Center
manned 7 days a week would help offset service the Hotel and Chamber of Commerce could not provide
during off hours.
Drew Bailey/455 North Laurel Street/Explained he was a representative of the Oregon Restaurant and
Lodging Association and supported the approval of the Siskiyou Welcome Center. The economy was
beginning to rebound and it was important to support the industries who were the leading economic
drivers for Oregon. The Welcome Center would help visitors who will spend money locally and bring
more revenue through the Ashland Food and Beverage Tax and the Transient Occupancy Tax. The
Oregon Restaurant and Lodging Association urged Council to support the Welcome Center.
Carolynn HiII/673 Market Street/Medford, OR/Supported the Siskiyou Welcome Center and Rest
Area. She was the CEO of the Southern Oregon Visitors Association (SOV A) that covered a seven
county region and explained how important tourism was to economic development. An average visitor to
the Rogue Valley spends approximately $158 a day. The Welcome Center would provide the opportunity
to help extend visits to the area. A great number of businesses established in Southern Oregon came to
the area first as visitors.
Stephen Stolzer/1120 Oak Knoll Drive/Expressed concern Travel Oregon did not have the $2 million
for the Welcome Center and the location was one of the worst crash areas on [-5 in Jackson County. His
primary concern was how rest areas breed crime. It was his understanding there would only be one OSP
officer patrolling 1-5 and questioned how they would be able to handle crime problems at the Welcome
Center. He noted that most people do not stop at rest areas to avoid putting themselves in harm's way.
Council approving the rest area would put citizens in harm's way.
Kate Jackson/359 Kearney Street/Explained the Rest Area and Welcome Center would serve 1-5 and
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April 19, 2011
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therefore all communities within. the state and Council needed to weigh public benefits to the entire
community against risks and precautions. Ashland had always supported the location of the Rest Area
and the inclusion of the Welcome Center. The tourism industry was fairly recession proof. She was
confident current legislatures would work on the City's behalf to reallocate funding. She did not think a
town of 11,000 houses would notice the water consumption of 3.7 homes. Council had to weigh public
health benefits and safety gained by having the Rest Area and the economic benefits versus the risks.
Ron Roth/6950 Old 99 South/Commented there were public health issues at other rest areas using septic
tank systems and having a sewer connection would alleviate those issues. He supported using TID for
irrigation water and thought it would be easy to set up. He suggested Council approve the sewer
connection and request ODOT dig a well to flush toilets. It would remove Goal 1 i issues and the project
would have a smoother approval process.
Bob Rasmussen/I530 North Mountain Avenue/Supported granting sewer and water to the Rest Area
and Welcome Center. It was good for travel and as a gateway to Oregon and Rogue Valley. He
frequently used rest areas and never had a negative experience. Having a State Police presence would add
to safety and the fence would be a determent to trespassers. He encouraged Council support the project.
Council discussed having the authority to deny water and sewer if Travel Oregon failed to raise the funds
to build the Welcome Center as well as adding approval conditions to the IGA.
Councilor Lemhouse/Chapman m/s to deny ODOT's application to extend water services and hook
up to the existing sewer services when the Welcome Center is constructed.
DISCUSSION: Councilor Lemhouse had issues extending water service outside city limits and concerns
regarding funding for the Welcome Center. Councilor Voisin supported the motion and noted Ashland's
tourism industry survived the recession fine without a Welcome Center. Councilor Silbiger observed if
there were no rest area, travelers would go to Exit 14 and use the same amount of water and sewer within
city limits anyway. He would not support the motion. Councilor Chapman supported the Welcome
Center but not the Rest Area based on land use issues. The land was adjacent to the urban growth
boundary and went against Goals 3, II and 14. Mayor Stromberg thought the facility made sense if there
were a fully staffed Welcome Center. He would oppose the motion and would only vote in favor if there
were full funding for construction and operations. Ms. Bennett commented on the difficulty shutting
water off to the facility once it was operating. Roll Call Vote: Councilor Lemhouse, Voisin, and
Chapman, YES; Councilor Morris, Slattery, and Silbiger, NO. Mayor Stromberg broke the tie
with a NO vote. Motion denied 3-4.
Councilor Morris/Silbiger m/s approve ODOT's application to extend for water and sewer
contingent upon Welcome Center being built, water use from the City of Ashland be limited ,to
potable use only, and adequate funding for maintenance and staffing with a four year limit.
Councilor SlatterylMorris m/s to amend main motion to include au Oregon State Police (OSP)
substation. DISCUSSION: Councilor Lemhouse stated there would be safety and security issues and it
was unfortunate but unavoidable. Councilor Voisin thought Council should wait for funding and not
expand their services. Roll Call Vote: Councilor Chapman, Silbiger, Morris, Slattery and
Lemhouse, YES; Councilor Voisin, NO. Motion passed 5-1.
Continued DISCUSSION on main motion: Councilor Silbiger amended the main motion to replace the
TlD agreement language with "water use from the City of Ashland be limited to potable use ouly,"
with Councilor Morris' consent. Ms. Bennett confirmed the motion was a conditional approval subject to
the execution of an IGA that would not provide water and sewer until the Welcome Center was built and
the staffing plan funded. Additionally, it would allocate City water for interior domestic uses only and
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not lITIgation. Council added a performance clause with a 4-year time limit to the motion with Councilor
Morris and Councilor Silbiger's consent. Roll Call Vote on main motion: Councilor Morris, Silbiger,
and Slattery, YES; Councilor Lemhouse, Voisin and Chapman, NO. Mayor Stromberg broke the
tie with a YES vote. Motion passed 4-3.
Staff will convey Council's decision to Jackson County.
NEW AND MISCELLANEOUS BUSINESS
1. Does Council have questions about the results of the survey?
Management Analyst Ann Seltzer explained the majority of cities conduct citizen satisfaction surveys
every other year or tbird year. The total cost for the survey was $15,650. City Administrator Martha
Bennett added every department would have a citizen satisfaction expectation. Ms. Seltzer noted the
City's ratings were low in economic development, affordable housing, 'and transit service.
Staff recommended conducting the citizen survey every other year. Council suggested adding a question
on how children get to school for the next survey.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should Council approve Second Reading of an ordinance titled, "An Ordinance Relating to
Setting Business License Fees by Resolution"?
Item moved to Public Hearings.
2. Should Council approve First Reading of an ordinance titled, "An Ordinance Annexing
Property and Withdrawing an Annexed Area from Jackson County Fire District No.5" and
move the ordinance on to second reading?
ABSTENTIONS. CONFLICTS. EX PARTE CONTACTS
Councilor Chapman, Silbiger, Voisin, Morris, and Slattery had no conflicts of interest. Mayor Stromberg
had nothing to declare. Councilor Lemhouse disclosed he lived near the Oak Knoll neighborhood but had
no conflicts of interest and nothing to declare.
Interim City Attorney Doug McGeary read the ordinance title aloud.
Councilor Voisin ISilbiger mls direct staff to approve first reading of the ordinance and set second
reading for May 3, 2011 by title only. Roll Call Vote: Councilor Lemhouse, Slattery, Chapman,
Morris, Voisin, and Silbiger, YES. Motion passed.
ADJOURNMENT
Meeting was adjourned at 9:55 p.m.
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Dana Smith, Assistant to the City Recorder