Agendas and Minutes

City Council (View All)

Regular Meeting

Tuesday, January 19, 2010



January 19, 2010

Council Chambers

1175 E. Main Street



Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.



Councilor Voisin, Navickas, Lemhouse, Silbiger and Chapman were present.  Councilor Jackson was absent.



Mayor Stromberg did not receive an update regarding the Battalion of the 41st Brigade Combat Team of the Oregon National Guard (1/186) but asked citizens to be mindful of those serving the country.


He suggested discussing agenda items 3-6 under XII. ORDINANCES, RESOLUTIONS AND CONTRACTS as one proceeding.  City Administrator Martha Bennett recommended postponing agenda item number 3 under XI.  NEW AND MISCELLANEOUS BUSINESS due to Fire Chief Karns absence.



The minutes of the Study Session of January 4, 2010, Regular Council of January 5, 2010 and Executive Session of January 6, 2010 were approved as presented.



Mayor Stromberg announced vacancies on the Tree Commission, Conservation Commission, Housing Commission and Planning Commission.



1.   Does the Council wish to approve a Liquor License Application from Mark Hedford dba Martolli's Hand Tossed Pizza at 38 E Main Street?

2.   Does the Council wish to approve a Liquor License Application from Josh Hamik dba Boulevard Coffee at 555 Siskiyou Boulevard?

3.   Will the Council approve the 2010 Council Liaison appointments to City boards and commissions, to be effective immediately?

4.   Will Council approve, by order, authorization for the Mayor to sign a non-standard ground lease agreement with Brim Aviation for the installation and use of a 24-foot training tower at the Ashland Municipal Airport and associated Specialized Aviation Service Operator (SASO) agreement?


Councilor Chapman/Lemhouse m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed.



1.   Will Council approve and authorize the Mayor to sign a quitclaim deed relinquishing a sanitary sewer easement, located on Lot 33 of the Mountain Creek Estates Subdivision?


Engineering Services Manager Jim Olson explained that a recent escrow closing uncovered a sanitary sewer easement from 1936 that runs through several lots in the subdivision.  Vacating the easement was an oversight by the developer when the subdivision was built in 1997. The area was plated and realigned in 1997, the sewer line abandoned and a new line approved and constructed.  The abandoned sewer line is 12-inch diameter concrete pipe, buried deep with no threat of collapsing.



Public Hearing open: 7:13 p.m.

Public Hearing closed: 7:13 p.m.


Councilor Navickas/Voisin m/s to approve the quitclaim deed and direct the Mayor to sign the document. Roll Call Vote:  Councilor Silbiger, Chapman, Navickas, Voisin and Lemhouse, YES. Motion passed.



Christopher Iverson/1635 Ashland Mine Road/Represented the Forest Lands Commission and announced the Ashland Watershed Map Contest for local artists.  He described the contest criteria and noted the April 5, 2010 deadline.  The Forest Lands Commission will select the winner and the result will be a full color map distributed to the community summer 2010.


Stephanie Tidwell/2300 Black Oak Way/Spoke on behalf of several residents concerned over the growing number of sexual assaults in the community.  She asked the Council to create a Sexual Assault Working Group that would address publicizing assaults and attempts, diminishing victim blaming and increase prevention of violence against women.  Ms. Tidwell listed potential participants and topics that included training, communication policies, current protocol and services and improvements.


Council suggested additional agencies to contact as well as Ashland Police Chief Terry Holderness.  Mayor Stromberg will meet with the group and develop a proposal for further discussion with Council.  Councilor Navickas and Voisin volunteered to participate.  





1.   Should the Council approve an Ashland Forest Resiliency Master Stewardship Agreement between the United States Department of Agriculture Forest Service, the City of Ashland, the Nature Conservancy, and Lomakatsi Restoration Project?

Forest Resource Specialist Chris Chambers provided an overview of the Master Stewardship Agreement (MSA) and partnership.  The MSA partnership consists of City Consultant Forester Marty Main, Darren Borgias from the Nature Conservancy, US Forest Service/Stewardship Project Coordinator Don Boucher, Acting District Forest Ranger Tim Chesler and Director of the Lomakatsi Forest Restoration Project Marko Bey.


The partners explained how the MSA opened the way for the functional relationships and roles outlined in the Ashland Forest Resiliency (AFR) to create supplemental project agreements addressing specific financial obligations of the collaborators and enable project implementation. 


Inspections would occur during every phase of the project with the US Forest Service responsible for inspecting the overall contract.  Accountability for non-compliance from sub-contractors would depend on the phase and the partners involved and could result in contract termination, financial responsibility and fines.


Design would draw on the expertise of the partners.  Adaptive management would occur through community engagement and the technical reviews each phase of the prescription design. The City, Lomakatsi Restoration Project along with the Nature Conservancy will create a Memo of Understanding (MOU) outlining work relationships and possibly dispute resolution.  Ultimately, the US Forest Service retains the overall decision-making authority.


Mr. Chambers explained due to lack of roads and projected volumes, forest debris would be burned instead of composted. Firewood may be an exception. 


Councilor Navickas/Lemhouse m/s to approve the Ashland Forestry Resiliency Master Stewardship Agreement.  DISCUSSION: Councilor Navickas supported the agreement and stated it was imperative the US Forest Service allow the technical reviews and community involvement in the process.  Since 1955, the US Forest Service watershed management had garnered community criticism and concern.  Councilor Lemhouse also supported the agreement, the economic benefits and collaborative efforts involved.  Councilor Voisin cautioned that many people will be watching the project closely and hoped the MSA would have a clear statement on accountability and conflict resolution.  She urged the partners to find ways to remove the forest debris for biomass or compost instead of burning it.  Roll Call Vote: Councilor Navickas, Voisin, Lemhouse, Chapman and Silbiger, YES. Motion passed.


2.   What changes should be considered for the FY 2010-2011 Budget and process to allocate Transient Occupancy Tax (TOT) proceeds internally or externally through the Economic and Cultural granting process?

Administrative Services Director Lee Tuneberg listed and explained the detriments and benefits of following options:

1.       Make little or no changes to the current process.

2.       Clarify allocation criteria and desired outcomes.

3.       Change the process, place larger impacts on larger programs and allocate monies to smaller groups.

4.       Remove the granting process from the budget process and have internal staff manage it. 


He recommended significant changes happen the following budget year to allow citizens and Budget Committee members to adjust.  Staff would bring an updated resolution for discussion in February based on what the Council wanted to accomplish with the granting process for the next fiscal year.


Catie Faryl/200 E Nevada Street/Referred to an email sent to Council earlier regarding sustainability and recommended Council adjust the formula to include new and sustainable projects.   Grant money was one of the few funding resources available for non-profits trying to bring new economic viability to the community.  There was a need to address self-sufficiency in the valley and global environmental changes to better prepare the community. 


Council thought the current system worked well, retaining flexibility allowed the group to prioritize based on economic conditions.  Suggestions included adding sustainability businesses, prioritizing established institutions, insuring criteria and definitions were clear, adding an outcome measurement, updating language in the current resolution and retaining the current process more than one year.  


Council consensus was to leave the process the same and have staff revise language in Section 2 and Section 4(E) of the current Resolution.


Mayor Stromberg disclosed he intended to bring a proposal allocating $25,000 for Sustainability distributed in $5,000 grants for Council approval.  


Councilor Chapman/Voisin m/s to leave the process the same for the subcommittee.

Roll Call Vote: Councilor Silbiger, Voisin, Lemhouse, Navickas and Chapman, YES. Motion passed.


3.   Does the Council wish to schedule the first reading of a proposed ordinance to AMC Chapter 10, which establishes charges and rates for cost recovery for certain emergency responses of Ashland Fire and Rescue?

Item delayed.


4.   Will Council approve Transportation System Plan (TSP) project cost increase of $66,000 or a total of $416,000 to complete the TSP?

Public Works Director Mike Faught introduced John McDonal, Oregon Department of Transportation (ODOT) Project Manager for Transportation Growth Management (TGM) and presented the staff report.  The amount staff was requesting would cover an unanticipated $42,000 Nodal Concept Evaluation with the remaining going to the consultant for extra scope of work.  Staff blended the grant with the Planning Department per TGM to increase the chances of being awarded the funds.


Funding used for the Master Plan came from an earlier TGM grant for $150,000 and $200,000 from Transportation System Development Charges (TSDC).  The grant was not guaranteed but there was a strong possibility the City would receive some money.  If not, TSDC would cover the amount and there would be other opportunities to reapply for grants in the future.   


Council shared concerns regarding the amount, that it was for a plan instead of results and working within the original budget.  Other comments noted the importance of having the right plan and how this was an investment in a transportation system that could set Ashland as a sustainable model.  


Councilor Chapman/Navickas m/s to approve staff’s recommendation of an increase of $66,000 to complete the Transportation System Plan (TSP).  Roll Call Vote: Councilor Chapman, Navickas and Voisin, YES; Councilor Silbiger and Lemhouse, NO. Motion passed 3-2.



1.   Should the Council approve First Reading of an Ordinance amending Council Rules Chapter 2.04.090, 2.04.100 and 2.04.110 to add Council Rules relating to commissions and liaisons, and move the ordinance on to Second Reading”?

Councilor Navickas suggested changing the final sentence in Section 4. 2.04.100(B) Attendance: “Liaisons shall not attend quasi-judicial proceedings when the final appeal or final decision is or could come before the City Council,” to “…shall not participate…” and allow the Councilor to remain in the room during the hearing.  Council consensus was to retain the original language “…shall not attend...”


City Attorney Richard Appicello read the ordinance title aloud.


Councilor Voisin/Navickas m/s to approve first reading and place on agenda for second reading February 2, 2010.  Roll Call Vote: Councilor Navickas, Silbiger, Voisin, Lemhouse and Chapman; YES. Motion passed.


2.   Should the Council approve First Reading of an Ordinance providing for uniform policies and operating procedures for advisory commissions, committees and boards?

Councilor Voisin suggested limiting Planning Commission term limits from 4-years to three.  Mayor Stromberg provided an overview of previous Council discussions regarding term limits for the Planning Commission noting the amount of knowledge and information needed made a 3-year term limit not long enough.


Council consensus retained 4-year term limits for the Planning Commission.


Councilor Silbiger requested the Airport Commission be a voting member on the Transportation Commission in AMC Chapter 2: Commissions Committees and Boards.  Council consensus allowed the Airport Commission to be non-voting ex-officio member instead and updated Section 6 2.13.020 (B) third sentence to include “…twelve (12) total non-voting ex officio members…” instead of eleven (11).   


City Attorney Richard Appicello read the change to Section 6 2.13.020 Established-Membership(B) Non-voting Ex Officio Membership:  “The Director of Public Works or designee shall serve as the primary staff liaison and as Secretary of the Commission.  Including the staff liaison, there will be twelve (12) total non-voting ex officio members who will participate as needed and will include one member of the Council as appointed by the Mayor, Community Development & Planning, Police, Fire, Southern Oregon University, Ashland Schools, Oregon Department of Transportation, Rogue Valley Transportation District, Ashland Parks and Recreation, Jackson County Roads and Airport Commission,” and the ordinance title aloud.


Councilor Voisin/Silbiger m/s to approve first reading and set second reading for February 2, 2010.

Roll Call Vote: Councilor Chapman, Lemhouse, Silbiger, Voisin and Navickas; YES.  Motion passed.


3.   Should the Council approve First Reading of an Ordinance amending Chapter 1.08 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading?


Should the Council approve First Reading of an Ordinance amending Chapter 9 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading?


Should the Council approve First Reading of an Ordinance amending Chapter 10 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading?


Should the Council approve First Reading of an Ordinance amending Chapter 11 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading?


Councilor Chapman/Voisin m/s to continue Agenda Items XII, 3, 4, 5 and 6 first reading of ordinances to next regular Council meeting. Voice Vote: all AYES. Motion passed.



1.   Housing Commission

Councilor Voisin explained on December 17, 2009 the Housing Commission held a focus group inviting citizens and local non-profit and social service agencies to participate in a discussion about community needs and elicited input to establish spending priorities for the City’s Community Development Grant Program.  This was the first of possibly three meetings.  Priorities from the first meeting were affordable housing, emergency shelter and supportive services.



Meeting was adjourned at 10:19 p.m.

Barbara Christensen, City Recorder
John Stromberg, Mayor


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