MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
December 21, 1999
Civic Center Council Chambers, 1175 E. Main Street
PLEDGE OF ALLEGIANCE
Mayor Shaw called the meeting to order at 7:00 p.m., Civic Center Council Chambers.
Councilors Laws, Reid, Hauck, Hanson, and Fine were present, Councilor Wheeldon was absent.
APPROVAL OF MINUTES
The minutes of the regular meeting of December 7, 1999 were amended and approved with the following correction: add a verb Aact@ to the second sentence of the last paragraph on page 10. The sentence should read: AClarified that the object of the committee was to allow Ashland to act commensurate with federal and state....@
.SPECIAL PRESENTATIONS & AWARDS
1. Presentation of Retirement Plaque to Everett Swain.
Mayor Shaw presented plaque and commented on the service and dedication of Everett Swain to the city.
2. Update and Presentation by the Building Appeals Board.
Staff liaison Mike Broomfield and board member Darrell Jarvis presented the Building Appeals Board and explained how the board works. Jarvis introduced members Carol Horn-Davis, Darrell Boldt, Tom Giordano and Dale Shostrum. Jarvis explained that the board helps to work with construction complaints and also provides education and assistance with the American Disability Act.
3. Mayor's Proclamation of Christmas Tree Recycle Day.
Mayor read proclamation.
1. Minutes of Boards, Commissions and Committees.
2. Adoption of Findings supporting the Decision of the city Council in the remand by LUBA in the case of Rogue Valley Association of Realtors v. the City of Ashland, LUBA No. 97-26 C Hillside Development Ordinance.
3. liquor License Application from Robert C Harvey dba Beasy's on the Creek.
Councilors Hauck/Reid m/s to approve consent agenda. Voice Vote: All AYES. Motion passed.
PUBLIC HEARINGS (None)
Derek Rosenlund/642 Wilson Road/Member of Ashland Fire Department read statement that expressed his gratitude to the citizens in the overwhelming support for the new Fire Department. Noted response emergency statistics that he had obtained, and the increase in response calls due to the addition of the ambulance service. Commented that the city administration is moving backwards and raised issues concerning the possibility of reducing staff in the fire department.
Mayor Shaw clarified that the Jackson County ASA Extension Application that the city administration has is different from the one the Mr. Rosenlund has. Shaw explained that there had been discussion between the City Administrator and representatives of the fire department union. Further stated, that it was important the city administrator has the ability to base the decision to reduce or not to reduce staff, on actual information, and that this information has been requested from the fire department.
Brent Thompson/PO Box 201/Requested council to hold a public hearing on the lease agreement for the Oregon Shakespeare Festival. Council proceeded to discuss allowing public input at the joint meeting scheduled with OSF, or to schedule a public meeting before the joint OSF meeting.
City Administrator Mike Freeman explained that the intention of the joint meeting was to discuss possible issues from both sides. Council discussed the need to determine what the issues may be, before the meeting. Freeman clarified that at the preliminary meeting with OSF, there was no negotiating.
Shaw reminded council that public input had been provided at two previous meetings. Laws noted that council has not clarified its position and it may be helpful to hold a meeting prior to the joint meeting to hear testimony by citizens. Council agreed to allow public testimony at the joint meeting with OSF on January 6, 1999.
1. Reading by title only of "A Resolution Authorizing and Ordering the Local Improvements for Penny Drive/Palmer Road within the Casa Madrona Subdivision for the Paving, Curbs, Gutters, Storm Drains, Deferred Sidewalk and associated improvements within the Local Improvement District and Authorizing the Assessment of the cost of the Improvements against Property to be benefitted and Authorizing the City to borrow money and issue and sell notes for the Purpose of Providing Interim Financing for the actual cost of the Local Improvement."
Public Works Director Paula Brown updated council on the recommendation to use these funds by putting them into this year miscellaneous concrete projects. Brown stated that these funds would be put to use for continuation of sidewalks on Nevada Street, between Oak Street and Helman Street. Shaw brought forward concern by Councilor Wheeldon on what the cost of sidewalks would be in 15-25 years.
Councilors Reid/Hauck m/s to approve Resolution # 99-72. Roll Call Vote: Hauck, Hanson, Fine, Reid, and Laws, YES. Motion passed.
NEW AND MISCELLANEOUS BUSINESS
1. Council meeting Look Ahead.
City Administrator Mike Freeman noted that item #10, the WWTP update will be the only agenda item for this Study Session.
2. Proposal to Pave Ashland School District Parking Lots at the Ashland Middle School (main lot and the overflow area), Helman School and Lincoln Elementary School.
City Administrator Mike Freeman gave brief background on how the proposal came to the city. Public Works Director Paula Brown explained that the recommendation is to put the parking lots into the budget for the next two years and voiced staff support for this project.
Laws suggested that Brown work in conjunction with the Parks Department as they have adopted some risk management practices for runoff from paved areas. Council voiced suggestions on a priority list for schools and to take into consideration school schedules.
Councilors Fine/Reid m/s to approve the proposal. Voice Vote: all AYES. Motion passed.
4. Update on the Ashland Watershed Stewardship Alliance.
Pulled and moved to next council meeting.
5. Adoption of Citizen Participation Plan.
Administrative Services Director Dick Wanderschied presented draft Citizen Participation Plan. Read an email statement from Cate Hartzell, who requested that there be additional opportunity for public input. Wanderschied explained that there is no hurry in adoption of the plan.
Brice Farwell/290 W Nevada St./Voiced his appreciation in the effort and work that went into the preparation of the plan. Farwell stated that the outlined steps are very helpful in clarification of roles for committees and commissions.
Hal Cloer/815 Creek Stone Way/Voiced his support of the plan. Commented on organizations that have proven communication skills with the public. Submitted comments for council information.
Laws clarified that the proposed plan stayed consistent with the principals that were established by the ad-hoc committee and committees that were formed to work on this plan.
Councilors Hauck/Fine m/s to postpone approval of the plan until next council meeting in order to allow further testimony from community. Voice Vote: all AYES. Motion passed.
6. A motion to approve the move of a designated historic structure at 66 North Second Street to vacant lot on Laurel Street.
Community Development Director John McLaughlin clarified for the council the location of the house proposed to be moved. Stated that the Historic Commission and staff have recommended approval.
Council voiced concern that this may have not had proper notification to the public as it was added to the council agenda at the last minute. Council continued discussion on whether to postpone the decision to approve the plan until the next council meeting.
McLaughlin explained that there is no notice requirement because it is not a land use decision and is only reviewed by the Historic Commission and the City Council. McLaughlin stated that there is a 30-day time period to process the application and that the applicant would need to give permission to extend this time period.
Richard Hix, Interim Director for Trinity Church, explained that if this was postponed until January 4, 1999 that they would be agreeable to an extension.
A vestal member spoke and stated that this had been noticed in the newspaper, at the suggestion of local historian Kay Atwood, and that there had been coverage by local TV station Channel 5 on the moving of this structure. McLaughlin stated that his department has received no adverse comments on the proposed move of the structure.
Councilors Hauck/Reid m/s to approve the move of designated historic structure. Roll Call Vote: Hauck, Reid, Laws, Hanson and Fine, YES. Motion passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second reading by title only of "An Ordinance Amending Section 15.04.210 of, and Adding Other Sections to, the Ashland Municipal Code for the Purpose of Modifying the Requirements for the Demolition and Moving of Structures."
Councilors Hauck/Fine m/s to approve Ordinance #2852.
DISCUSSION: Councilor Laws voiced his concern in how the city was going to be able to make a distinction between pre and post 1955 buildings, and if this is challenged, how it might be viewed as an attempt to get around state legislature.
Councilor Fine explained that traditionally it has been a matter of community concern when making the decision to demolish or move a building and within city council jurisdiction. Fine commented that the state preempted municipalities to regulate this aspect of municipal affairs, in order to allow individuals to maximize the money they could derive, from private properties. He explained that the legislature said, municipalities could not regulate the demolition of historic homes. Clarified that they are not trying to regulate the demolition of historic homes, as defined by state legislature. Stated that a different standard is being used, and what is being proposed, is to prevent buildings, that are of concern to the community, from being demolished needlessly.
Council discussed the reuse of wood for construction and the level of authority that the council has on preserving the destruction of buildings.
Community Development Director John McLaughlin clarified that in order to designate a building to be historic, you have to have the permission of the property owner. He stated that the proposed ordinance is to make all structures subject to the demolition standards.
Roll Call Vote: Hauck, Reid, Fine, and Hanson, YES; Laws, NO. Motion passed 4-1.
2. Reading by title only of "A Resolution Authorizing and Approving an Amendment to the State Revolving Fund by Increasing the Amount of the Loan for the Wastewater Treatment Facilities Project."
Councilors Reid/Hauck m/s to approve Resolution #99-71. Councilors Laws/Fine m/s to amend first motion by changing the title of the Resolution to the following: AA Resolution Authorizing and Approving an Increase in the Amount Borrowed from the Clean Water State Revolving Fund for the Wastewater Treatment Facilities Project.@ Roll Call Vote: Laws, Reid, Hanson, Hauck, and Fine, YES. Motion passed.
Roll Call on first motion: Laws, Reid, Hanson, Hauck and Fine, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS (none)
Meeting was adjourned at 8:43 p.m.
Submitted by Barbara Christensen, City Recorder