MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
November 6, 2001 - 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
PLEDGE OF ALLEGIANCE
Chairperson Susan Reid called the meeting to order at 7:00 p.m. in the Council Chambers.
Councilors Laws, Reid, Hartzell, Hanson, Morrison, and Hearn were present. Mayor DeBoer was absent.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of October 16, 2001 were approved as amended: page 2 of 5 corrected a typing error, fiscal year 2001-0012 to 2001-02; Consent Agenda item #2 should indicate Patrick South as applicant for liquor license and page 4 of 5, paragraph 9 should indicate Borsting clarification instead of Blickenstaff.
SPECIAL PRESENTATIONS & AWARDS
Proclamation of November 10 - 17, 2001 as Recycling Awareness Week was read.
1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's appointment of Jason Burke to the Bicycle & Pedestrian Commission for a term to expire April 30, 2002.
3. City of Ashland Limited Use Telecommunications Franchise Agreement with Sprint.
4. Quarterly Financial Report.
Councilors Hanson/Hartzell m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS (None)
Brita Hazell/804 Twin Pines Circle/Spoke regarding Domestic Security Preparedness in relation to the most recent September 11th terrorist attacks. She offered the use of a video on this subject to the council and any interested citizens.
Eric Navickas/711 Faith Ave/Spoke against art and his opinion that the city is not supporting art in the current Library and Fire Station projects. He burned a picture of the Mona Lisa as a symbolic act of protest.
Reid noted that there is an Art Committee that has been formed to work on public art and offered to provide Navickas with this information. In addition, a study session is currently being scheduled at the request of this committee. Hartzell noted that the city is in the process of planning some emergency drills for emergency planning.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. Update on water use.
City Administrator Greg Scoles reported that the water usage ending October 31, 2001 for Reeder Reservoir indicates a higher usage number due to a blow out on the last day of the month. Water usage remains at an even level and staff recommends that the city continue with the No Water Waste Provisions until the reservoir reaches its storage capacity.
2. Parks Commission Recommendation on Perozzi Property Sale by SOU.
Scoles reported that staff, along with the Parks and Recreation Commission, recommend that the appeal filed with the Jackson County Board of County Commissioners be withdrawn. He explained that the major issue is that the County has exceeded the time allowed, 150 days, to act on this application. The applicants have indicated that they will file a writ mandamus to compel the county to approve the project. Scoles stated that it is staff's belief that the applicant will not file the writ.
Scoles explained that two out of the three conditions sought by the city would be met, the grading/drainage requirements and fire reduction requirements. He stated that it would not include the pedestrian/trail access.
Councilors Morrison/Hartzell m/s to approve staff recommendation that the appeal filed with the Jackson County Board of Commissioners be withdrawn. DISCUSSION: It was clarified that there is pedestrian access through an existing easement and that access would not be lost entirely. Laws noted that the city will continue to negotiate for this trail in the future. Voice Vote: all AYES. Motion passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second Reading by title only of "An Ordinance Adding Chapter 6.42 to the Ashland Municipal Code to Regulate Vendors of Tobacco Products and Chapter 10.114 to Prohibit Smoking in Specific Outdoor Public Places."
Scoles read the proposed changes to the second reading of the ordinance. These changes were in 6.42.070(A) and 6.42.070(B). Section 2, Chapter 10.114 was deleted. He noted that Mayor DeBoer had suggested that the ordinance be further amended in order to repeal it if the state adopts similar legislation, as 6.42.110 Repeal of Chapter. Scoles pointed out that the proposed ordinance would require anyone who sold tobacco products to obtain a license. He further clarified that the Department of Revenue requires tobacco distributors be licensed, but not retailers. Hanson commented that the proposed ordinance would make little difference in the amount of smoking by youngsters in Ashland and that current regulations need to be enforced.
Dennis Meads-Shikaly/811 Iowa/Questioned why the chapter regarding outdoor smoking restrictions was being deleted. He voiced his concern with the smoking that is taking place at the City Skate Park.
Laws noted that it is currently against the law to smoke at the Skate Park and that this is a matter of enforcement. Council directed staff to confirm that No Smoking signage is in place at this park
Morrison suggested that the council consider, as a way to cut administration costs, a two-year license, rather than a one-year license. Scoles noted that he did not see much cost difference between annual and biannual licensing. Finance Director Lee Tuneberg noted his expectation that, after adoption, fees would be structured to cover costs incurred. Reid commented that yearly licensing is a normal and expected part of doing business. Hearn noted his support of a yearly fee. Hartzell voiced her opposition to Mayor DeBoer's addition. Morrison noted his support for term limited licensing and favored moving ahead with the ordinance.
Councilors Laws/Morrison m/s to approve Ordinance #2877. DISCUSSION: Hartzell noted the Council's receipt of Pat Kirkpatrick's letter regarding the ordinance. Roll Call Vote: Laws, Hartzell, Reid, Morrison and Hearn, YES; Hanson, NO. Motion passed 5-1.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
Council agreed to move the OSF Lease discussion to the first meeting in December. A Study Session on Siskiyou Boulevard Design update is scheduled for December 5. An Art Group discussion will be scheduled for a future time. Reid noted that at 7p.m. on November 7, 2001 at the Ashland Middle School cafeteria the Park's Commission would be holding an open forum on Open Space.
Meeting was adjourned at 7:50 p.m.
Respectfully submitted by Barbara Christensen, City Recorder