MINUTES FOR THE REGULAR MEETING

ASHLAND CITY COUNCIL

August 4, 2009

Council Chambers

1175 E. Main Street

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, Silbiger and Chapman were present. Councilor Jackson was absent.

MAYOR’S ANNOUNCEMENTS

Mayor Stromberg read from a July 30, 2009 article in the Oregonian how the 1/186^th Infantry Battalion of the 41^st Brigade Combat Team of the Oregon National Guard (1/186) escaped serious injury earlier this month when two roadside bombs exploded during one of their first missions in Iraq. 

He went on to note vacancies on the Transportation Commission, Housing Commission and Forest Lands Commission.

SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?

The minutes of the Study Session of July 20, 2009, Annual Joint Meeting of Council and Ashland Community Hospital of July 21, 2009, Executive Session of July 21, 2009 and Regular Council of July 21, 2009 were approved as presented.

SPECIAL PRESENTATIONS & AWARDS

Proclamations of August 6 as Hiroshima Day and August 9 as Nagasaki Day and the month of August as Kiwanis Month were read aloud.

CONSENT AGENDA

1.   Does Council approve the recommendations of the Public Art Commission to accept a loan of Public Art from artist Kevin Christman for placement on private property owned by Jerry and Cherie Garland?

2.   Does Council approve the recommendations of the Public Art Commission to accept a gift of public art from Alice Hardesty?

3.   Will Council approve the Ashland Fiber Network proposal seeking Federal Broadband Stimulus grant funding not to exceed $800,000?

4.   Will Council, acting as the Local Contract Review Board, approve a contract for safety training to Evergreen Job and Safety for a term of three years?

5.   Will Council accept a grant offered by the FAA in the amount of $199,000 to fund preliminary engineering services in the development of the runway rehabilitation project at Ashland Municipal Airport?

6.   Will Council approve the Agreement for Services between the City of Ashland and the Rogue Valley Transportation District?

7.   Does Council wish to ratify the new Labor Agreement between the City of Ashland and the Ashland Firefighter’s Association?

Item #3 was pulled for further clarification.

Councilor Silbiger/Chapman m/s to approve Consent Agenda items #1, #2 and #4 through #7. Voice Vote: all AYES. Motion passed.

City Administrator Martha Bennett explained there was an unresolved issue regarding the Federal Broadband Stimulus grant and the City would not be able to apply within the designated timeframe. 

PUBLIC HEARINGS (none)

PUBLIC FORUM

Mark DiRienzo/1500 E Main Street/Introduced himself as the Executive Director at Science Works Museum and explained that some of the money received from an economic and cultural development grant was going to fund a regional LEGO ROBOTICS competition in December.  Prior to that event, NASA has agreed to come to Science Works with a touring trailer truck for an exhibition September 18-20, 2009.  In addition to moon rock exhibits, there is an educational component involving LEGO ROBOTICS that would help promote the LEGO ROBOTICS Competition.  Mr. DiRienzo was there to ask Council direction on diverting some of the funding for the competition to support the three-day NASA event.    

Staff recommended Council provide a formal acknowledgement of reallocating monies due to the grant process.

Councilor Navickas/Voisin m/s to allow Science Works to use grant money for the alternative purposes that have been presented.  DISCUSSION: Councilor Chapman noted the Budget Committee had originally approved the grant monies.  City Administrator Martha Bennett clarified since the grant was an agreement between the City and the grantee, Council could authorize the reallocation of funds.  Voice Vote: all ayes. Motion passed.

UNFINISHED BUSINESS

1.   Does Council wish to direct Staff to initiate an ordinance to modify the expiration dates of land use application approvals?

Project Manager Adam Hanks presented the staff report and explained how a tolling provision would prevent an applicant’s approval to expire during the appeals process and the timetable extension would allow a one-time 18-month extension for land use applications approved January 1, 2006 through July 1, 2009.

City Administrator Martha Bennett added other jurisdictions initiated this ordinance in response to what occurred to the lending market September 2008 in an effort to avoid duplicating the application process due to only the finance market changing.  Currently there were 40-50 applications where tolling or extensions could potentially apply.

Colin Swales/Voiced his surprise that the item was on the agenda since it had come from staff without initiation by the Planning Commission or the Council.  Recent changes to the land use ordinance included granting an additional 6 months to the 12-month extension.  Adding another 18 months seemed unnecessary, would apply to commercial projects since residential single family improvements rarely required a land use application and seemed to cater to a specific section of the community.

Council discussed concerns with tolling not having a limit, a re-approval process instead of a global extension and the possibility of the approval extension taking years with different conditions developing that require consideration and suggested the ordinance go to the Planning Commission for consideration.

Councilor Lemhouse motion to direct staff to initiate the Timetable Tolling and Timetable Extension ordinance as proposed, with the understanding that changes may be made throughout the Staff, Planning Commission and Public review. Motion failed due to lack of second.

Councilor Silbiger/Chapman m/s to take the proposal to the Planning Commission and not develop an ordinance until the Planning Commission deems one necessary.  DISCUSSION:  Councilor Lemhouse and Voisin agreed with the motion.  Councilor Navickas thought it was a more appropriate way for staff to work with Council and the Planning Commission.  Mayor Stromberg referred to an earlier conversation with Councilor Chapman and Ms. Bennett where it was decided that staff would wait for Council direction on drafting ordinances in the future.  Roll Call Vote:  Councilor Lemhouse, Voisin, Chapman, Silbiger and Navickas, YES.  Motion passed. 

2.   Does Council approve the second reading of an ordinance titled, “An Ordinance Relating to Food and Beverage Tax, Extending the Tax to 2030, and Amending Chapter 4.34?”  Does Council approve the ballot measure?  Does Council approve the resolution calling for a special election for November 3, 2009?

Staff distributed a revised Resolution, Ballot Title and Explanatory Statement to the Council.  Management Analyst Ann Seltzer presented the staff report and summarized changes to the proposed ordinance made by the Council at the previous City Council meeting.

City Attorney Richard Appicello addressed the Southern Oregon University (SOU) exemptions and suggested Council strike “Non-educational related catering events are not exempt” from 4.34.030(A) Exemptions.    

Mr. Appicello read the ordinance title and noted additions and amendments to the proposed ordinance. In section, 4.34.020(C) Note, “of City parks,” was added to Note:  “20% of all taxes collected by the City under this chapter shall be paid into a Parks account for the purposes of acquisitions, planning and development and major rehabilitation of City parks per the City of Ashland’s Capital Improvement Plan.”  “Of the 20% allocated to the Parks account, 20% of the amount collected must be used for open space acquisition,” was added as well.  In 4.34.020 Tax Imposed 5(D) changes were as follows:  “Eighty Percent (80%) of all taxes collected by the City shall be used for the purpose of paying for wastewater capital improvement projects,” per the City of Ashland’s Capital Improvement Plan, which includes, but is not limited to, the wastewater treatment plant debt.”    

Mr. Appicello read proposed language the Council might want to add to the ordinance.  Chapter 4.34.130 Confidentiality paragraph C. would read, “Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of any criminal or civil claim or an appeal for amount due the city under this chapter.”  Under 4.34.130, new paragraph “D. The disclosure of information when such disclosure of conditionally exempt information is ordered under public records law procedures.” Councilor Jackson’s suggestion of a new paragraph E. under 4.34.130, “The disclosure of records related to a business’s failure to report and remit tax when the report or tax is in arrears for over six months or the tax exceeds $5,000.00.  The City Council expressly finds and determines that the public interest in disclosure of such records clearly outweighs the interest in confidentiality under ORS 192.501(5).” 

Mr. Appicello explained SOU would violate zoning laws if they used educational facilities for commercial operations and suggested an Intergovernmental Agreement (IGA) with the university if Council decided to strike the line, “Non-educational related catering events are not exempt” in 4.34.030(A) Exemptions.”  

Ms. Bennett added SOU would have paid $1200 tax for the non-educational events during 2008. 

Councilor Silbiger/Navickas m/s to remove the language “Non-educational related catering events are not tax exempt.”  Roll Call Vote: Councilor Chapman, Lemhouse, Navickas, Voisin and Silbiger, YES.  Motion passed.

Councilor Navickas/Voisin m/s approve the language proposed for 4.34.020 C & D as amended by the City Attorney.  Roll Call Vote: Councilor Chapman, Lemhouse, Navickas, Voisin and Silbiger, YES.  Motion passed. 

Councilor Navickas/Silbiger m/s to approve the language in Section 4.34.130 C & D as amended by the City Attorney.  Roll Call Vote: Councilor Silbiger, Navickas, Lemhouse, Chapman and Voisin, YES.  Motion passed.

Councilor Silbiger/Lemhouse m/s to approve 4.34.130(E) as written.  DISCUSSION:  Councilor Navickas explained disclosure was a privacy issue and Council should not expose an individual’s personal financial position to the public.  Councilor Lemhouse responded a business in significant arrears affects the population of Ashland financially and it was unfair to the competitors paying the tax.   Councilor Navickas thought taking restaurants in arrears through Municipal Court was a better approach than using public pressure.  Roll Call Vote: Councilor Lemhouse, Silbiger and Chapman, YES; Councilor Navickas and Voisin, NO.  Motion passed 3-2.   

Councilor Voisin/Chapman m/s move that the expiration date for the ordinance relating to the Food and Beverage Tax be extended to 2022.  DISCUSSION:  Councilor Voisin stated the public should have the opportunity to extend the tax in 2022 and had talked to citizens who would not support extending the tax to 2030.  Ending the tax at 2022 sent a clearer statement to the community that the tax went to paying the debt service.  Councilor Navickas explained the debt covered the waste treatment plant and deferred maintenance not yet begun.  Extending the tax to 2030 would allow the City to address the effluent and meet the temperature requirement with the Department of Environmental Quality (DEQ).  Councilor Chapman supported the motion, was comfortable extending the tax to 2030 for Parks Department purposes but not for the wastewater treatment plant.  Roll Call Vote: Councilor Voisin and Chapman, YES; Councilor Silbiger, Navickas and Lemhouse, NO.  Motion failed 3-2. 

Councilor Silbiger/Navickas m/s to approve Ordinance #2991 with noted changes by the City Attorney.  Roll Call Vote: Councilor Chapman, Lemhouse, Navickas, Voisin and Silbiger, YES.  Motion passed. 

Councilor Lemhouse/Silbiger m/s direct staff to negotiate with Southern Oregon University for an Intergovernmental Agreement for the purpose of collecting the Food and Beverage Tax on non-educational catering events.  DISCUSSION:  Councilor Lemhouse explained the City could not have the perception of giving a state run agency a break that private enterprises did not receive.  Councilor Voisin responded SOU was not interested in catering non-educational events, the university brought in over 5,000 students yearly that access Ashland restaurants and pay the tax, and she had not heard local businesses take issue with SOU’s catering policy. Councilor Navickas commented SOU is not a venue competing with local businesses and the agreement was unnecessary.  Councilor Silbiger thought if SOU was in competition and it was not part of their primary mission, they should be subject to the tax.  Councilor Chapman would support the motion because SOU was open to discuss the issue.  Roll Call Vote: Councilor Lemhouse, Silbiger, Chapman and Navickas, YES;  Councilor Voisin, NO. Motion passed 4-1. 

Council agreed to change the Ballot Measure Caption to, “Shall 5% tax on prepared food/beverage extend to 2030 for wastewater treatment debt and improvements, 80% and Parks 20%?”

On the second paragraph of the summary, Council agreed on changing the wording and after discussion, removed the dollar amounts.  “80% of tax revenues are dedicated to wastewater treatment plant debt (dollar amount) that is and capital improvements (dollar amount) that might be.  20% is dedicated to Parks for capital improvements and acquisitions, projects are identified in the City’s adopted Capital Improvement Plan.”