MINUTES FOR THE REGULAR MEETING
August 17, 2010
Council Chambers
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.
MAYOR’S ANNOUNCEMENTS
Mayor Stromberg announced vacancies on the Planning Commission, Public Arts Commission, Housing Commission, Conservation Commission and Tree Commission.
The last item on the agenda regarding supporting the Ocean Policy Advisory Council’s (OPAC) recommendations was pulled per OPAC’s request.
Mayor Stromberg announced the passing of City volunteer Olaf Paul. Police Chief Terry Holderness described Mr. Paul’s dedication to the Police Department as a volunteer and expressed his appreciation. Mayor Stromberg held a moment of silence in his honor.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The Regular Meeting minutes of August 3, 2010 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS - None
CONSENT AGENDA
1. Will Council approve the minutes of Boards, Commissions, and Committees?
2. Does Council wish to approve annual renewals on liquor licenses as requested by
3. Will Council approve the donation of a surplus ambulance to the
4. Does Council wish to confirm the Mayor's appointment of Kerry Kencairn to the Historic Commission with a term ending April 30, 2013?
5. Does Council approve the recommendation of the Public Art Commission to implement another round of Reflections of Ashland: Utility Box Beautification Project?
Senator Jason Atkinson spoke regarding the donation of the ambulance and offered his appreciation to the City of
Councilor Jackson/Chapman m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS - None
PUBLIC FORUM
Peter Nemzek/307 Starflower Lane/Provided slides of the fire that occurred August 13, 2010 adjacent to his property that depicted heavy growth of non-native blackberry bushes and an overgrown riparian stream that created extreme fire danger. He requested the City clean up the area to prevent future fires.
Fire Chief John Karns explained several of the properties in question were in the weed abatement process. Fire Marshal Margueritte Hickman confirmed the privately owned properties would complete the Weed Abatement process August 18, 2010 and were just starting the Blackberry Abatement process. The Fire Department was starting both abatement processes for property owned by Redco Development Corporation.
Fire Marshal Hickman provided history on the Abatement programs, the Fire Department’s recent involvement, the process and the large amount of staff time involved. The Fire Department plans to streamline the process and address billing property owners whose failure to comply increases costs for the City.
City Attorney Richard Appicello explained there were provisions in the code for summary abatement issues to expedite dangerous situations.
UNFINISHED BUSINESS
1. Will Council accept one of the two proposals received for the beneficial use of the Imperatrice Ranch property and authorize staff to negotiate a contract with Standing Stone Brewing Co.?
Engineering Services Manager Jim Olson presented the history and options considered for the use of the Imperatrice property that resulted in a Request for Proposal (RFP). He explained the parameters of the RFP, scoring criteria and the review team that participated in scoring the proposals. The Public Benefit average for the Standing Stone Brewing Company was 9.3 and Natural Light was 13.7. The Standing Stone Brewing Company proposal was just under $11,000.
Ron Roth/6950 Old Hwy S/Submitted an article into the record from the August 10, 2010 New York Times about
Councilor Chapman/Lemhouse m/s to accept the proposal submitted by the Standing Stone Brewing Company and authorize staff to prepare a lease agreement. DISCUSSION: Councilor Chapman thought both proposals were not mutually exclusive in the long term. Trails would still be considered. When the lease expired, the Standing Stone Brewing Company could move their process with little investment. He stressed the need to look at the property for generating energy and water requirements.
Councilor Navickas was skeptical of the proposal process and supported a broader review that included public participation on use of the property and developing the land. He explained why the two-year lease was not realistic and expressed concern using public property for private benefit without adequate compensation to the City. It created a sense of undercutting to other property owners and mead producers. Councilor
Councilor Silbiger thought it was a good plan for the Standing Stone Brewing Company but was not convinced it was good for the City. The expectation from the applicant was the lease would last longer than two years. The City purchased the land 10 years prior for $1million with dedicated funds and if the land ultimately was not used for that purpose, funds should be returned. The negotiation should center on the fair market value (FMV) for the land. If an applicant agreed to pay the FMV, a reasonable rent and there were clear intentions the lease would last two years and required cleaning up the property when the lease terminated, there was a possibility. He had expected proposals that would pay for the use of the property.
Councilor Voisin explained the City originally purchased the property for effluent and wastewater management. The Standing Stone Brewing Company did not include any realistic way to incorporate this into their plan. She expressed concern their proposal indicated possible difficulty having a suitable water source. She also thought the City should deal with the FMV of the land.
Mayor Stromberg stated the public benefit was establishing a sustainable agricultural operation near
Staff clarified a permanent structure on a two-year lease would be a lost investment to the applicant when the agreement ended and the Standing Stone Brewing Company would use portable equipment. Staff went on to clarify the RFP did not specify use.
Councilor Navickas added the two-year lease narrowed the spectrum of different proposals that might have come forward had the lease been longer.
Councilor Navickas/Voisin m/s to amend the motion to eliminate any use from having permanent structures on the property within their proposal. DISCUSSION: Councilor Chapman explained the Standing Stone Brewing Company had not proposed using permanent structures and fully understood the lease was short-term. Roll Call Vote: Councilor Voisin, Navickas and Silbiger, YES; Councilor Chapman, Jackson and Lemhouse, NO; Mayor Stromberg broke the tie with a NO vote. Motion failed 4-3.
Continued discussion on main motion: Councilor Chapman noted four years prior, he had wanted to have this discussion and the Standing Stone Brewing Company brought forth a proposal that will start the process. There were many options for the land.
Council and staff discussed assessing the property’s reasonable market rate and including that information in the lease negotiations.
Councilor Silbiger/Jackson m/s to direct staff to assess Fair Market Value for leasing the property prior to final negotiations for the RFP. DISCUSSION: Councilor
Continued discussion on amended motion: Councilor Navickas would support the motion in the interest of supporting sustainable agriculture close to the City and reiterated this was public land and the broader interest of the public should have higher priority.
Roll Call Vote on amended motion: Councilor Chapman, Voisin, Navickas,
NEW AND MISCELLANEOUS BUSINESS
1. Does Council wish to refund a portion of the Community Development and Engineering Services Fees associated with the Housing Authority of
Senior Planner Brandon Goldman explained the $14,748 refund related to an original annexation of the
The remaining 1.5 acres of City owned land could accommodate approximately 15 units with seven affordable housing units at 60% the Area Median Income (AMI). SDC’s fund the units with a 60-year affordability requirement that are forgiven if they remain affordable for 30 years. Staff was confident they would remain affordable for the full 30-year period.
At the time of the site plan application, the Housing Authority was not aware of the ordinance that required affordable housing or that HAJC would be paying additional CDC and Engineering fees. HAJC relied on estimates City staff provided and that estimate did not indicate HAJC paying CDC and Engineering fees for 17 units.
John Statler/1120 Niantic, Medford/Explained he was Chair of the Housing Authority of Jackson County Board of Commissioners and was proud to serve as a Commissioner and proud of the staff. HAJC was a model across the Northwest region of how Housing Authority’s should operate. He asked Council to support the Housing Authority of Jackson County and the great work they do.
Councilor Navickas m/s to approve the Housing Authority refund request and proportionally allocate the original required 17 low-income affordable housing units between the Housing Authority and the City. Motion died due to lack of a second.
Councilor Chapman/Silbiger m/s to deny the Housing Authority refund request and assess all Community Development and Engineering fees for the required 17 units. DISCUSSION: Councilor Chapman thought it was clear from the beginning that if needed the City could sell the land at market rate in order to recover funds spent. It did not make sense to retain an encumbrance on the land if 60 affordable housing units were being built. Councilor Navickas thought Council should continue in the interest of providing affordable housing even if it meant encumbering the property. It was fair and reasonable to split the affordable housing costs with HAJC.
Councilor Silbiger noted the City so far had waived $467,000 in fees, contributed $160,000 in land costs and allocated $510,000 for CDBG funds for a total of $1,137,336. He explained how the $11million from the State provided a monthly subsidy of $800 per unit. The loss of property taxes increased that subsidy to approximately $1,000 per unit, each month. Council had never discussed encumbering the property in any way and this was not an appropriate time to put a condition like that on a piece of property. Staff time alone exceeded the amount HAJC was asking and he thought the City had done more than its fair share for the project.
Councilor Voisin noted affordable housing was a Council goal and a community need. To her, the $600,000 was a bargain. The project will bring $12million into the community to build these structures, provide jobs, families and shopping revenue. HAJC had done its work, were told the fee were $55,000 and the bill was $107,000. She thought Council needed to be fair, would not support the motion and suggested Council consider Option 4 to waive all fees.
Councilor
2. Shall Council formally approve the
Information Technology (IT) Director Rob Lloyd and AFN Operations Manager Michael Ainsworth provided a presentation on the AFN Strategic Business Plan that included:
· AFN 2010 – Who We Are
· AFN 2010 – Where We Are At
· AFN 2010 – Key Plan Elements
· AFN 2012 – Key Plan Elements
· AFN Graphic of existing services and how they will be sourced
Mr. Lloyd explained how eventually Internet Protocol television (IPTV) would transmit to AFN be retransmitted via the internet and local network rather than individual downloading that reduced bandwidth. The market was not quite there yet but was where AFN needed to go.
· AFN 2012 – Council Feedback
· AFN 2012 – Stakeholder Feedback
· AFN 2012 – Post-Draft Changes
· AFN 2012 – Other Considerations
· AFN 2012 – Final Considerations
Alan Oppenheimer/110 S Laurel Street/Expressed his appreciation for the proposed plan. Internet access would be treated similar to a utility with customers having the opportunity to acquire access when activating water and electricity. Once they signed up for basic access, customers could purchase a cable modem, and have immediate access to the local internet or build on basic access with one of the ISP partners. This level of service was doable within a year. The service could expand to include energy management, computer phones, and smart home and apply to everyone in
Councilor Silbiger/Chapman m/s to accept the AFN Business Plan as the strategic guidelines for the future. DISCUSSION: Councilor Silbiger supported the plan and deferred to Mr. Lloyd and his team to make the best possible decisions. The debt exists and the City will have to pay for it whether AFN does well or closes. The operating margin of 20% gross profit for the debt was good and indicated this was not a failing business. The plan takes steps to improve bandwidth and feasible levels for customers to move up in speed. It was important the relationship with the ISP’s was two way with both sides working together on marketing and sharing information. Councilor Lemhouse preferred the City divest itself of AFN along with the debt and ultimately hoped a private company would purchase AFN, relieve the City of the debt and have AFN compete in the market place. However, the debt was a real burden and the City needed to make the best of the situation. He did not think it could function as a utility since customers could easily purchase another service and shared concerns about the City owning something that competed in the marketplace. He had faith in staff and the plan and felt strongly they would come up with the best direction. Councilor Voisin would support the motion but had concerns on what staff would use to measure success. Mr. Lloyd noted where measurements and “Plan B” were in the plan. Councilor Navickas thought the City should step in as an ISP and direct competition if there were no revenue increases on a quarterly basis. Roll Call Vote: Councilor Silbiger, Navickas, Chapman, Voisin,
3. Does Council wish to provide a requested Letter of Commitment in support of a Community Challenge Planning Grant application being prepared by the Rogue Valley Council of Governments (RVCOG) entitled, "Institutionalizing Livability, Sustainability, and Affordability in Southern Oregon through Comprehensive Planning" in association with the Greater Bear Creek Valley Regional Problem Solving (RPS) Plan?
Community Development Director Bill Molnar explained the Rogue Valley Council of Governments (RVCOG) was preparing a grant for money available through the Federal Department of Housing and Urban Development and was requesting letters of support from the Cities in the region. The grant was for approximately $2million and would build on the Regional Problem Solving Plan (RPS) on areas
Mayor Stromberg added the week before, he, Mr. Severson, Mr. Molnar and Public Works Director Mike Faught appeared before the Jackson County Planning Commissioners to present Resolution 2010-21 RPS Issue Resolution Recommendations and thought the process had been positive. The RVCOG grant would complement what the existing RPS Plan lacked in the transportation and housing areas and strengthen those parts.
Councilor Navickas would not support the letter but would have had the RPS Plan addressed annexing more land within city limits in the initial plan. Now it appeared to be an effort to “green wash” a bad plan and make it palatable to those who had opposed it through out the process.
Councilor Lemhouse/Jackson m/s to approve and sign the Letter of Commitment in support of the Rogue Valley Council of Governments’ Community Challenge Grant application. DISCUSSION: Councilor Lemhouse stated it was a good thing to do and that Council should sign the letter. Councilor Chapman agreed with Councilor Navickas and thought this was another way for RPS to get more money. Councilor
Roll Call Vote: Councilor
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Will Council approve Second
City Attorney Richard Appicello read the ordinance title aloud.
Councilor Lemhouse/Silbiger m/s to approve Ordinance #3032.
DISCUSSION: Councilor Navickas had numerous citizens approach him regarding large trucks idling in front of their places while making deliveries and wanted to bring it forward at some point. Roll Call Vote: Councilor Silbiger, Voisin, Chapman, Navickas, Lemhouse and
2. Will Council approve First
Fire Marshal Margueritte Hickman explained the Fire Code was on a three-year cycle and while it already applied to the State of
City Attorney Richard Appicello read the ordinance title aloud.
Councilor Jackson/Silbiger m/s to approve First
3. Will the City Council approve the second reading of the ordinances adopting Chapter 18.53 Croman Mill and related ordinance,
Abstentions, Conflicts, Exparte Contact
Councilor Silbiger declared a conflict of interest and requested Council to recuse him from the discussion.
Councilor Jackson/Chapman m/s to recuse Councilor Silbiger. Voice Vote: all AYES. Motion passed.
Councilor Silbiger left the meeting at 9:55 p.m.
The remaining Council and Mayor had no other conflicts of interest or Exparte contacts to declare.
City Attorney Richard Appicello read the ordinance title and changes aloud.
Councilor Lemhouse/Navickas m/s approval and adoption of Ordinance #3030 amending City of Ashland Comprehensive Plan to add a new Croman Mill District designation to Chapter II, to add Croman Mill plan designation on the adopted Land Use map legend and adopt the Croman Mill site redevelopment plan and economic opportunities analysis as support documents to the Comprehensive Plan as amended. Roll Call Vote: Councilor Navickas, Lemhouse and
City Attorney Richard Appicello read the ordinance title and changes aloud.
Councilor Jackson/Chapman m/s to approve Ordinance #3034 amending Ashland Land Use and creating Chapter 18.53 Croman Mill as amended. Roll Call Vote: Councilor Navickas, Lemhouse and
City Attorney Richard Appicello read the ordinance title aloud.
Planning Manager Maria Harris explained the staff recommendation that would ensure the required right-of- way on the Central Boulevard matched the actual street width when built was in response to Council’s suggestion to remove on-street parking but retain the width. The additional width could not be used for building or site development and was in addition to the 2-10 foot building setback requirement. The actual street width included a 3-lane cross section with a turn lane in the middle, two travel lanes, sidewalks and a separated bike lane. Moving the bike lane to the street would require two additional feet to accommodate a 6-foot bike lane.
Mr. Appicello read the ordinance changes aloud.
Councilor Navickas/Lemhouse m/s approval and adoption of Ordinance #3031 amending AMC 18.72.080 creating new Site Design and Use Standards for Croman Mill District as amended.
DISCUSSION: Councilor Voisin asked for clarification on what would prevent a developer from building up to the sidewalk without the right-of-way. Ms. Harris explained the required 2-10 foot building setback would prevent developers from building that close to the sidewalk. Councilor
City Attorney Richard Appicello read the ordinance title and changes aloud.
Councilor Jackson/Lemhouse m/s approval and adoption of Ordinance #3036 amending chapters in AMC and Land Use for consistency with new chapter 18.53 Croman Mill as amended.
DISCUSSION: Councilor Navickas suggested using Floor Area Ratios for future development discussions.
Roll Call Vote: Councilor Navickas,
City Attorney Richard Appicello read the ordinance title and changes aloud and noted changes to the maps were made in accordance to Council direction.
Councilor Lemhouse/Jackson m/s approval and adoption of Ordinance #3033 amending Ashland Comprehensive Plan to change Land Use map designation for newly created Croman Mill Plan and amending City of Ashland zoning and Land Use control maps.
Roll Call Vote: Councilor
City Attorney Richard Appicello read the ordinance title aloud.
Councilor Navickas/Lemhouse m/s approval and adoption of Ordinance #3035 amending AMC Chapter 15 to create LEED certified building priority.
DISCUSSION: Councilor
Councilor Lemhouse/Navickas m/s to approve the second reading with proposed amendments as noted after each ordinance and to approve the Findings of Fact that accompany ordinances.
Roll Call Vote: Councilor Navickas, Lemhouse and
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Will Council consider placing on a future agenda a resolution supporting OPAC's recommendations on ocean-marine reserves?
Item pulled for future agenda.
Council and staff discussed adding idling trucks to a future agenda.
ADJOURNMENT
Meeting was adjourned at 10:26 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor