Agendas and Minutes

City Council (View All)

Regular Meeting

Tuesday, December 16, 2008


December 16, 2008
Council Chambers
1175 E. Main Street

Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.

Councilors Hardesty, Navickas, Hartzell, Jackson and Silbiger were present. Councilor Chapman was absent.

Mayor Morrison shared his experience and view on the past four years he spent as Mayor of the City of Ashland. He expressed his appreciation for the community and noted some of the accomplishments achieved during his term in office. These included Affordable Housing, Economic Development, preservation of the historic character of the community, hiring of new Department Heads, transportation, the Ashland Forest Resiliency Community Alternative, Solar Pioneer and Shelter during extreme weather conditions. Progress was made and goals were achieved. He thanked the community for giving him the opportunity to be Mayor, stating it had been an honor, sometimes trying, but mostly thoroughly rewarding and he looked forward to Ashland moving ahead in its many endeavors with the new elected officials.

Plaques and acknowledgements were awarded to Councilors Hardesty and Hartzell, retiring Fire Chief Woodley and Mayor Morrison.

Mayor Morrison noted vacancies on the Planning Commission, Audit Committee, Airport Commission, Tree Commission, Planning Commission, and the newly formed Transportation Commission.

The minutes of the Executive Session of November 25, 2008, Executive Session of December 1, 2008, Study Session of December 1, 2008, Executive Session of December 2, 2008 and the Regular Council of December 2, 2008 were approved as presented.

Mayor's Proclamations of January 10, 2009 as Christmas Tree Recycle Day in Ashland and the election held in the City of Ashland, Oregon on November 4, 2008 were read aloud.

1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Shall Council approve the Resolution declaring the Canvass of the Vote of the election held and for the City of Ashland, Oregon on November 4, 2008 and Mayoral Proclamation?
3. Does the Council wish to confirm the Mayor's appointment of Robert Townsend for a term to expire April 30, 2011 to the Tree Commission?
4. Will Council approve the engineering services contract Amendment #3 with Brown and Caldwell for $46,998 for engineering services to improve the water plant's treatment process?
5. Will Council, acting as the Local Contract Review Board, approve a Sole Source Procurement for the acquisition of City-wide mail services with Northwest Mail Services?
6. Does the Council authorize Mayor Morrison to send a letter of support to the City of Montague's efforts to explore whether a "public utility" system could stabilize the operation of the Siskiyou Subdivision Rail Line between Weed, California and Ashland, Oregon?

Councilor Hardesty requested that item #5 be pulled for discussion.

Councilor Hartzell/Jackson m/s to approve Consent Agenda items #1-4 and #6. Voice Vote: all AYES. Motion passed.

Administrative Services Director Lee Tuneberg explained online billing would create savings in forms, postage and processing with the City only paying for stock and processing when used.

Councilor Hardesty/Jackson m/s to approve Consent Agenda item #5. Voice Vote: all AYES. Motion passed.

1. Should the Council approve the resolution titled, "A Resolution to Provide New Methodology for Determining Building Permit Fees"?

Community Development Director Bill Molnar presented the staff report and explained the State of Oregon Building Codes Division had created a consistent methodology for permit fees that would apply statewide. Cities had until January 21, 2009 to comply. The resolution referenced a number of exhibits structured to follow the categories that were consistent with the Oregon Administrative Rules. It did not involve a fee increase but would create uniform categories throughout the state.

Building Official Mike Broomfield clarified that Residential plumbing permit fees were now charged as a "package" and described in the rules as fixed amounts with incremental charges for Residential when the minimum was exceeded. Commercial Plumbing Permits were still charged by fixture but Residential would now be packaged together to streamline the permit process.

Public Hearing Open: 7:52 p.m.
Public Hearing Closed: 7:52 p.m.

City Attorney Richard Appicello provided a revised resolution for Council approval.

Councilor Hartzell/Silbiger m/s to approve Resolution #2008-44. Roll Call Vote: Councilor Hardesty, Silbiger, Hartzell, Navickas and Jackson, YES. Motion passed.

Leslie Adams/430 Ashland Street/
Spoke regarding the climate change and read from the Preparing for Climate Change in the Rogue River Basin or Southwest Oregon report noting that snow pack will dramatically decrease in the future. She voiced her thanks and appreciation to Councilors Hardesty and Hartzell noting their work regarding the Mt. Ashland Ski area. She hoped that public resources will shift towards preparing for and dealing with the impacts of climate change instead of focusing on expanding a ski area the will not have a lot of snow in the future.

Tonya Graham/2007 Mae Street/Spoke on behalf of a large number of residents who voiced their appreciation for Councilors Hartzell and Hardesty for the many things they had done to move the community towards ecological sustainability.

1. Does Council approve, modify, or deny the Conditional Use Permit and Site Review to construct a 592 square foot Accessory Residential Unit above a proposed two-vehicle garage, for the property located at 960 Harmony Lane?

Mayor Morrison called to order the continuance of the Public Hearing for Planning Action #2008-00801.

Ex Parte Contacts
Councilor Hartzell reported a site visit and observed nothing other than what was in the record. Councilor Silbiger, Jackson, Navickas, Hardesty, and Mayor Morrison stated they had none to declare.

Staff/Legal Counsel
Community Development Director Bill Molnar read from the Condition that addressed some of the issues regarding surface flooding. A detailed design to storm drainage improvements prepared by a licensed engineer would be required at the time of building permit submittal and the engineer would take into account the information provided under the heading Investigation of Claim of Historical Natural Channel Across Ross Lane Attachment B. The engineer would design the drainage layout to direct leakage from any Talent Irrigation District (TID) valve that are adjacent to new paving towards a catchment that flows into the storm drain given recent events related to TID repair. Public Works would require the applicant to leave the existing diamond plate lid in place and not replace it with an open grade as proposed. Public Works would also require that the new line extended down the alley not include stub-outs unless the submitted calculations demonstrated that the capacity exists to serve the stub-outs. Storm water detention and water quality would be addressed in accordance to Public Works specifications in effect at the time and the applicant could decide to pipe directly to the storm drain, use rain water harvesting or pervious paving to decrease a portion of the pervious area or detain a portion of the flow in order to increase storm drain quality. Design shows that the roof and paved areas will drain towards a catchment on the property and from the property, in a closed pipe system to Hillview.

Mr. Molnar clarified that prior to issuing the building permit, Community Development would have the final design that Public Works had evaluated and confirmed calculations.

Assistant Planner Amy Anderson explained that Stuart Osmus from Terrasurvey, Inc. verified that the site plan used by Bill Emerson was correct based on property legal descriptions, survey monuments and on-site measurements. The site plan was the original and had not changed. City Attorney Richard Appicello referred to documentation from Terrasurvey that stated they used the monuments in the area to assist in drawing the plans and it increased the level of credibility to the assertion that it did not meet setbacks. It was suggested in the Findings that the Building Official verify setbacks during the inspection.

Mr. Molnar explained using a pump system to pump sewage uphill was standard in the plumbing code. Short power outages generally did not compromise the functioning of the system. Mr. Appicello added that the Engineering Memo stated the unit could plumb to the existing sewage service for the main unit and indicated that a pump and grinder would be required. There was additional documentation from Rick Hackstock that this was standard installation utilized when a sewer line was above the actual input.

Mr. Molnar addressed the issues regarding flooding stating the evidence concluded that precipitation that will hit this part of the lot will be directed toward a collection system on-site and piped on, it will not flow into the alley or towards the properties on the North side of the alley. Even with pervious paving systems, there is often some slope and due to vegetation growth, run off will occur because it does not percolate fast enough and a slight slope directs the flow to the same systems the other surfaces go towards.

Ms. Anderson commented that the north edge of the property setback is approximately 12 feet from the property line because of the solar setback standard and the non-solar required setback was 6 feet. Mr. Molnar added the eave could project 18 inches into the 6-foot setback and the applicant was well within the required setback. The applicant and surveyor would identify the structure's corners with string and staff would verify requirements were met once that occurred.

Council Deliberation
Councilor Hardesty/Silbiger m/s to approve Planning Application 2008-00801 - A Conditional Use Permit and Site Review approval for a 592 square foot Accessory Residential Unit above a proposed two-vehicle garage for the property located at 960 Harmony with the conditions of approval attached and findings to be approved later this evening.

Councilor Hartzell amended motion to include a condition relative to not allowing a waiver of the Solar Ordinance. Motion failed due to lack of second.

DISCUSSION: Councilor Navickas saw nothing to rule against the application, the applicants had met the criteria. The issues brought up were issues that the Building Department needed to deal with.

Roll Call Vote: Councilor Navickas, Silbiger, Jackson, Hartzell and Hardesty, YES. Motion passed.

Mr. Appicello proceeded with an explanation of the proposed Findings of Fact noting minor changes and documents incorporated into the Findings. On page 6, the first criterion for Conditional Use, the Conformance with Zoning, what the R1 7.5 Zoning District allowed in terms of the 6-foot and 20-foot setback for the rear yard was added and that the application demonstrated compliance. This would be verified when the building permit was issued.

Page 9, under Adequate Public Facilities, the ordinance language emphasized that adequate public facilities can and will be provided to the property in response to allegations regarding to and through paving. For sewer installment, the requirement of a grinder and a pump for sewage to reach the sewer line in the street was added. There was adequate capacity for storm water drainage and the applicant would design and engineer it so the pipes fit accordingly. The Engineering Analyst would address the impacts of slope and determine if a pump was required. Drawings from staff regarding to and through paving in relation to the property were added.

There was not an adverse affect to the Livability Standard 18.104C - it was a comparison standard. The Conditional Use was compared with the proposed use and the impacts of the target use of the zone. The lot and adjacent lots were oversized with under utilized residential density available.

The Building Official will verify setback compliance and incorporate engineering conditions on sewer and storm water.

On page 6, the second to last sentence, the word "are" was replaced with "greater than" in the sentence: The proposed site plan shows twenty feet to the rear property line and a side yard setback greater than six feet.

Councilor Jackson/Hardesty m/s to approve Findings and Conclusions for PA #2008-00801 as drafted by City Attorney and additional changes to language. Roll Call Vote: Councilor Navickas, Silbiger, Jackson, Hartzell and Hardesty, YES. Motion passed.

2. Should Council conduct and approve First Reading of an Ordinance titled, "An Ordinance Relating to the Review of Public Art Proposals, Establishing Criteria and Selection Processes for the Acquisition, Acceptance, or Removal from the Ashland Public Art Collection," and move the ordinance on to Second Reading?

Management Analyst Ann Seltzer provided the history of the ordinance.

Section 3, 2.17.150, "B" stated the City would provide maintenance including but not limited to custodial care and landscape maintenance. If the city commissioned a piece of art, the maintenance would be part of the commissioning. The proposed ordinance discussed maintenance and durability as criteria for the public art selection. The Commission would evaluate the donation, risks involved and could decide not to accept the donation because of potential maintenance costs or have the donor be responsible for the maintenance.

Artists were informed that the City reserved the rights to placement, location and duration of the piece prior to submitting art for consideration.

City Administrator Martha Bennett clarified the City can only spend money that is approved by the Budget Committee then adopted by the City Council.

Section 3, 2.17.130, "B" Guidelines for Site Selection, 1. Ownership or Control state that a written agreement or legal instrument granting the City permission to use private property for public art purposes was required. Council would have the ability to approve or deny the request.

Concern was expressed regarding public funds going to sidewalk or multi use pathway construction. It was suggested to strike sidewalk or multi use pathway construction from Section 2, 2.17.008, Definitions "E."

Section 3, 2.17.180 "I" indicated that Council could adopt by resolution specific waivers or guidelines for administration of the percent for art program, including case-by-case waivers. The City did not have to spend money when funds were low.

The following language was added to the last line after "…in AMC 2.17.130" of the first paragraph under Section 3, 2.17.110 Review process for gifts or donations: "…and the total cost over life of the project."

City Attorney Richard Appicello read the ordinance title in full.

Councilor Jackson/Hartzell m/s to approve first reading as amended and place on agenda for second reading of ordinance. DISCUSSION: Councilor Silbiger supported the ordinance but suggested not providing funding for this budget season. Councilor Hardesty reminded council there were situations where grant monies could be available to do projects. Roll Call Vote: Councilor Jackson, Hartzell, Silbiger, Navickas and Hardesty, YES. Motion passed.

Dana Bussell was recognized as a valuable member of the Public Art Commission. Ms. Seltzer noted upcoming projects that included a proposal to place peace tiles temporarily on City Hall and working with the Electric Department on painting Utility Boxes.

3. Does Council wish to adopt the resolution supporting drafting of a sweatshop free procurement policy for City uniforms and garments?
City Administrator Martha Bennett noted the blank dollar amount on the resolution section "A" should be $85,000. Mayor Morrison voiced concern that establishing an Ad-Hoc Committee went beyond setting policy and recommended eliminating Sections 4, 5 and possibly the final line in Section 3 from the proposed resolution.

Wes Brain/298 Garfield/Spoke in favor of the resolution and the value of having a committee to work on the process. The Consortium would pool resources together and was the best way for independent third party monitoring on vendor sources. He encouraged Council to support the resolution.

The cost of joining the Consortium was 1% of the procurement dollars, which amounted to approximately $800 for the City.

Rich Rhode/124 Ohio/Explained he worked with Oregon Action who supported the proposed resolution. The City had approved a decent Living Wage ordinance that did not include procurement and the same principal should apply to the procurements. An Ad-Hoc Committee had been approved for the Living Wage ordinance and had added to process with little burden on the City. He asked Council to approve the resolution unanimously.

Steve Ryan/801 Siskiyou Blvd/Supported the resolution for a long list of moral and economic reasons. The Consortium clause was where the value would be found. It would allow the City to participate in the creation of the Consortium and part of the development. It would not be cost effective for the City to do this without the Consortium. The resolution would help put the City at the leading edge of social leadership.

Brenda Gould/298 Garfield Street/Appreciated Council's consideration of the proposed resolution. She noted Sweat Free Communities was a national organization going for the Consortium. She understood that committees could create more work for staff but believed a committee should be supported for this resolution.

Pam Vavra/457 C Street/Spoke on behalf of Peace House who supported the proposed resolution. Not all sweatshops were offshore; they also existed in the US. Southern Oregon University had approved a Sweatshop Free policy several years before and the City was already in compliance regarding sweatshop free procurement. Ms. Vavra concluded that Peace House recognized Mayor Morrison had been a Mayor for Peace and the resolution was another avenue for displaying that type of leadership as people work towards peace.

Councilor Silbiger/Jackson m/s move adoption of a Resolution #2008-45 supporting directing a sweatshop free procurement policy for City uniforms and garments following the resolution presented with the Resolves changed to:

Section 1. The City Council wishes to create and implement a Sweat Free Uniform and Clothing Procurement Policy.

Section 2. City staff will develop a policy for Council approval within six months.

Section 3. The City supports the creation of the State and local Government Sweat Free Consortium to collaborate with other public agencies to share information and cost of independent monitoring of working conditions in supplier factories. The City Council intends on becoming a member of this Consortium after it is created.

Strike Sections 4 and 5.

DISCUSSION: Councilor Navickas thought the motion created more work for staff rather than an Ad Hoc committee and suggested limiting the number of meetings an Ad Hoc Committee would have. Councilor Silbiger commented staff was better equipped to create policy; the staff time involved with an Ad Hoc Committee would increase their workload. Public input could be sought without the costs and time associated with a committee. Councilor Jackson supported the proposal and the resolution as presented commenting that the larger cities involved could develop the policies and get the Consortium started. She supported the notion of the Consortium and noted the Marine Stewardship Council and the Forest Stewardship Council were nationally recognized as valid places to go for information. City Administrator Martha Bennett explained staff would seek the expertise of the City of Portland and others to establish policy. There was a significant burden on staff in regards to forming Ad Hoc committees but the City would expect public input whether the committee was formed or not. Councilor Hardesty supported the proposed resolution and the motion as presented. Councilor Hartzell supported the policy starting with uniforms and clothing and hoped future Councils would expand it.

Councilor Navickas motion to amend the motion by adding to Section 4: "…and no later than March 2009 with a limit of three meetings." Motion failed due to lack of second.

Roll Call Vote: Councilor Navickas, Silbiger, Hardesty, Hartzell and Jackson, YES, Motion passed.

1. Shall the Mayor and Council approve appointments for the two positions open on the Citizen Budget Committee with terms ending December 31, 2011?

Scott Keith's application was pulled because he resided outside of City Limits and State Budget Law indicates Budget Committee members be registered voters within the City.

Councilor Hardesty/Jackson m/s to reappoint Arlen Gregorio and appoint Marion Boenheim to the Citizen Budget Committee with terms ending December 31, 2011. Roll Call Vote: Councilor Hardesty, Jackson, Hartzell, Silbiger and Navickas, YES. Motion passed.

2. Will Council approve a request from the Oregon Department of Transportation (ODOT) to appoint an Aesthetic Advisory Committee (AAC) for bridge improvements at Exit 14 and Exit 19?
Management Analyst Ann Seltzer explained that letters would be sent to business area owners and people on the Interchange Area Management Plan Citizen Advisory Committee (IAMP CAC) inviting their participation. Those who respond would meet with the Mayor with the first meeting slated for 1/14/09.

Councilor Jackson noted that the Bicycle & Pedestrian Commission appointed David Young as their representative. Ms. Seltzer added the Tree Commission appointed John Rinaldi as their representative and tentative representative from the IAMP CAC Dave Dotterer was unable to participate.

Councilor Jackson offered to serve as Council Liaison on the committee.

Councilor Hartzell/Navickas m/s to approve the formation of the Aesthetic Advisory Committee with the appointments as listed, with the designation of Councilor Jackson as the Council Liaison with the hope that the citizen at large yet unnamed is not associated with any of above entities. Roll Call Vote: Councilor Hartzell, Hardesty, Jackson, Navickas and Silbiger, YES. Motion passed.

3. Does the Council have any questions about the presentation of report titled, "Preparing for Climate Change in the Rogue Basin of Southwestern Oregon"
Cindy Deacon-Williams, the Senior Scientist with the National Center for Conservation Science and Policy, and Roger Hamilton, Government Program Officer at the Institute for Sustainable Development at the University of Oregon provided the presentation.

Ms. Deacon-Williams explained that her and Mr. Hamilton's organizations collaborated with the United States Department of Agriculture (USDA) Forest Service Pacific Northwest Research Station at Oregon State University and reviewed climate projection models used by the inter-governmental panel on climate change. They down scaled models that applied to the Rogue Basin with scientists familiar with the aquatic and terrestrial systems within the Rogue Basin, projected climate change implications and what might be done to prepare for the future. That information went to a second body that looked at the human systems impact, emergency and social services, infrastructure and economic systems. The purpose was to develop a starter list of the risks and potential actions that could be taken to prepare for those changes.

Mr. Hamilton noted that the Rogue Basin had some interesting vulnerabilities and was strategically located in a place where the sub-tropical jet stream seemed to be moving north. The Rogue Basin was on the border of either getting drier or wetter and could experience both. Because of the extreme topography of the Rogue Basin, there could be intense precipitation events, run off from snowmelt and increased storm activity. What was happening in the Lower Klamath with the recent salmon kill and competition over water may be prophetic for what could happen in the Rogue Basin.

Ms. Deacon-Williams explained the report provided basic descriptions of temperature increase, snow pack reductions, changes in precipitation and vegetation patterns that are likely to occur by the middle and end of this century. Even if there were a global scale reduction in emissions over the next 5-10 years, what was already in the atmosphere would continue warming for 50-100 years. The panelist recommended people move out of flood plane and wild land urban interface areas based on a fiscal perspective that the City and local governments would not be able to afford emergency services in those areas in the future.

Craig Harper, the Natural Resources Program Manager, was named point of contact at the Rogue Valley Council of Governments (RVCOG).

1. Should the Council conduct and approve First Reading of an ordinance titled "An Ordinance Amending Chapter 13.20, Local Improvement and Special Assessment, Amending Sections 13.20.010 thru 13.20.050 and Section 13.20.210, Relating to Definitions, Initiation of Improvements, Resolution Notice and Content, Waivers of Remonstrance and Remedies; and Amending AMC Section 13.20," and move the ordinance to Second Reading?

Public Works Director Mike Faught noted that staff inadvertently left out sub sections in the Definitions Section ORS 310.140 "9A" and were now referred to as 1, 2 and 3. Subsections 2 and 3 formally referenced ORS 310.140 "G8." City Attorney Richard Appicello commented that in ORS Section 6, the following should be underlined: ORS 223, 387, 399, the reference to 223-40 and the reference to ORS 34.0102.34100.

Mr. Appicello explained the language in Section 5 13.20.050 "C" Effect of Remonstrance was intentionally broad to allow expression of the first amendment and did not mean an individual could get out of the agreement.

Councilor Hardesty was not sure past Councilor Jack Hardesty would approve of the proposed ordinance and noted her support.

Mr. Appicello read the ordinance title in full.

Councilor Hardesty/Hartzell m/s to approve first reading and move to second reading of ordinance. DISCUSSION: Councilor Hardesty explained the reason Jack Hardesty would not like the proposed ordinance was he originally felt property owners were paying too much and had supported the ordinance with a cap. However, times had changed since then and it was important to move to the 60% rather than remain at the 50%.
Roll Call Vote: Councilor Silbiger, Jackson, Hartzell, Navickas and Hardesty, YES. Motion passed.

Councilor Jackson attended the last meeting of the Bicycle & Pedestrian Commission and Mayor Morrison attended the last meeting of the Traffic Safety Commission.

City Recorder Barbara Christensen announced that newly elected officials will be sworn in January 5, 2009 at 6:30pm at the Community Center on Winburn Way and invited the public to attend.

Meeting was adjourned at 10:23 p.m.

Barbara Christensen, City Recorder
John Stromberg, Mayor

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