MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 15, 2003
Civic Center Council Chambers, 1175 E. Main Street

CALL TO ORDER:
Mayor DeBoer called the meeting to order at 7:26 p.m. in the Civic Center Council Chambers.

ROLL CALL:
Councilor Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn were present.

APPROVAL OF MINUTES:
The minutes of the Regular Council Meeting of June 17, 2003 were approved with one correction: Page 3, the last sentence under Sandra Slattery - removal of "(approx. $30,000)".

SPECIAL PRESENTATIONS & AWARDS: (None)

CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's appointment of Ross Finney to the Conservation Commission for a term to expire April 30, 2005.
3. Liquor License Application from Karen Stacy dba Jazbo's Lounge.
4. Termination of Three Water Pipeline Easements in Oak Knoll Meadows Phase III.
5. Memorandum regarding Fireworks Use Within the City of Ashland June 23 through July 6, 2003.
6. Approval of Easement Agreement for Delsmans' Irrigation Access to Ashland Flume.
7. City of Ashland/Benjamin Stott Land Exchange.

Councilor Hartzell requested that Consent Items #1, 4 and 5 be removed for discussion and clarification.

Councilor Hearn requested that Consent Item #7 be removed for discussion.

Councilor Morrison/Jackson m/s to approve Consent Agenda items #2, 3 and 6. Voice Vote: all AYES. Motion passed.

Councilor Hartzell posed a liason question in regards to the Historic Commission minutes, asking the Mayor if there was going to be a separate contract for the facing on the library remodel. Mayor DeBoer clarified that it will be a separate contract. The City Administrator will start working on that soon, including preparing costs and making a presentation to the Historic Commission.

Councilor Hartzell also pointed out that there are going to be meetings to discuss the goals and future direction of the airport, and asked that the citizens be notified of this information.

Councilor Hartzell/Morrions m/s to approve Consent Agenda item #1. Voice vote: all AYES. Motion passed.

In reference to Consent Item #4, Paula Brown clarified for the council that this easement was started in 1915, and a change in property owners promted this old easement to be terminated.

Councilor Hartzell/Amarotico m/s to approve Consent Agenda item #4. Voice Vote: all AYES. Motion passed.

Fire Chief Keith Woodley reported on the incidents that took place on the 4th of July. He relayed that they were busier this year than last, and that 2 of the fires that broke out had the potential to take homes. He also stated that it costs approximately $250 each time a fire engine responds.

Unrelated to the 4th of July activities, John Schuyler, Acting District Ranger, clarified that the Horn Gap fire appeared to have been started by a lightening strike.

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

Barry Katzen/29 Scenic Drive/Spoke regarding Consent Agenda item #7. He feels that his personal safety is in jeopardy when acccessing and leaving his property. He is concerned that the developers are requesting this land swap to further develop their driveway, which in his opinion would create signifigant safety concerns.

Public Works Director Paula Brown stated that this land swap is necessary for the City to create a new right of way line that is an extension of the existing right of way to the East. She clarified that the approval of this consent item would not automatically allow the developers any driveway access, and any requests from the developer will still have to be approved by the Planning Commission. It was noted that Katzen would have the opportunity to voice his concerns with the Planning Commission, and now that the Council was aware of his concerns, any requests to develop the driveway will be closely evaluated.

Councilor Morrison/Jackson m/s to approve Consent Agenda item #7. Voice vote: all AYES. Motion passed.

PUBLIC HEARINGS: (None)

PUBLIC FORUM:
William Mansfield/408 S. Oakdale, Medford/Spoke as a representative for Wes Brain who was arrested on charges regarding his participation in a recent protest. He stated the Police Dept. came to Mr. Brain's place of business three days after an incident took place, and arrested him without a search warrant. Mr. Mansfield questioned the City's policy of arresting people when it is not necessary. He stated that there are three reasons as to why an individual should be taken into custody: 1) an arrest warrant has been issued, 2) the arrest is needed to remove an immediate danger, or 3) the person is a serious risk of flight. He stated that his client was none of these, and respectfully asked that attention to be given to this issue.

Wes Brain/298 Garfield/Spoke about his wrongful arrest and the embarrassment sustained as a result. He stated that the charges placed on him were dropped after 3 ½ months in court, and the video taken the day of the incident proved his innocence. He stated that this video would be televised on July 16th at 6 p.m. on channel 9. He challenged the council to put themselves in his shoes, and asked how they would feel if they had been wrongfully arrested at their place of business and slandered in the local newspaper. He requested a public apology, and to tell our police force to not harass him any further.

Paul Copeland/462 Jennifer/Spoke on issues regarding treatment of homeless, youth, etc. by the City Police Department. He feels that it is necessary to have a policy or guidelines for how arrests are being handled, especially during demonstrations. He also suggested a review of the policy of when to take people into custody.

Fred Caruso/Spoke regarding health care services and how much the Oregon Health Plan had been cut. He questioned whether the City would consider participating in providing health care services. He felt that it would be a benefit to local businesses and low-income households. He also suggested a warning device on non-motorized vehicles for safety issues.

Eric Navickas/711 Faith Avenue/Stated that if you don't like Ashland, you should leave. Made several statements regarding the destruction of icons.

UNFINISHED BUSINESS: (None)

NEW AND MISCELLANEOUS BUSINESS:
1. An Ordinance Correcting a Clerical Error in the Ordinance Levying Property Taxes (Ordinance No. 2897) and Declaring an Emergency.

Finance Director Lee Tuneberg explained that this is a proposed ordinance to correct a typing error on the previous approved Ordinance #2897.

Ordinance was read in full for first reading.

Councilor Hartzell/Morrison m/s to approve moving ordinance to second reading. Roll Call Vote: Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn, YES. Motion Passed.

Ordinance was read again for the second reading by title only.

Councilor Laws/Jackson m/s to approve Ordinance # 2899 under emergency conditons. Roll Call vote: Hearn, Morrison, Jackson, Hartzell, Amarotico and Laws, YES. Motion passed.

ORDINANCES, RESOLUTIONS AND CONTRACTS:
1. Second reading by title only of "An Ordinance Amending Ashland Municipal Code Section 6.28.035 by revising Regulations Applicable to Pedicabs."

Amendments to the ordinance were read aloud by Paul Nolte, City Attorney.

Councilor Amarotico/Jackson m/s to approve Ordinance # 2898 . Roll Call Vote: Laws, Amarotico, Hartzell, Hearn, Morrison and Jackson, YES. Motion Passed.

2. Reading by title only of "A Resolution setting Public Hearings for Assessments to be charged against Lots within Three Local Improvement Districts: 1) Central Avenue Local Improvement District No. 80; 2) Penny Drive/Palmer Road Local Improvement District No. 81; and 3) Helman Street Sidewalk Local Improvement District No. 82."

It was clarified that this resolution will set the final hearing date, and will also set the final cost for the three LIDs. The question was asked as to whether LID's normally take this long to complete.

Mayor DeBoer pointed out that there was supporting information regarding the timeline of this project in the packet provided.

Councilor Hartzell/Jackson m/s to approve Resolution # 2003-27. Roll Call Vote: Jackson, Morrison, Hearn, Hartzell, Amarotico and Laws, YES. Motion Passed.

3. Reading by title only of "A Resolution Amending Resolutions 2003-12 and 2003-13 Delaying the Start Date of the Utility Rate Increases from Cycle 1 to Cycle 3."

It was noted that on the resolution under Section 1 at the end of the sentence, the "3" was missing after Cycle.

Councilor Morrison/Hearn m/s to approve Resolution # 2003-28 with correction as noted. Roll Call Vote: Hartzell, Morrison, Amarotico, Jackson, Laws and Hearn, YES. Motion Passed.

4. Reading by title only of "A Resolution authorizing an Interfund Loan to the Telecommunications Fund."

Ron Roth/6950 Old Hwy 99 S/Spoke regarding the interfund loan. He feels that if the council approves this loan it would be a violation of the state law stating: a debt service fund cannot allow interfund lending. He also questioned the amount of money being spent for AFN.

Finance Director clarified that the Wastewater Fund is an enterprise fund not a debt service fund, and does not violate state law according the Oregon Budget Law. He stated that AFN is paying off current loans and that this issue will be revisited again in 90 days.

Councilor Hartzell/Jackson m/s to approve Resolution #2003-26. Roll Call Vote: Amarotico, Morrison, Laws, Jackson, Hearn and Hartzell, YES. Motion Passed.

OTHER BUSINESS FROM COUNCIL MEMBERS:
It was noted that City Administrator Gino Grimaldi was absent due to his attendance of the City Manager/Administrator Conference.

Councilor Jackson commented on two projects the Public Arts Commission would like to pursue.

Also commented on the requests she had received from citizens on the speeding violations observed. Suggestion was made to use a reader board to slow traffic.

Councilor Morrison commented on the speeding being done by the large construction trucks on Helman and Wimer Street.

Morrison also relayed that he had received several compliments on how nice Ashland Street looks.

ADJOURNMENT:
Meeting was adjourned at 9:10 p.m.

________________________________ _______________________________

Barbara Christensen, City Recorder Alan DeBoer, Mayor

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