MINUTES FOR THE REGULAR MEETING
April 6, 2010
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present.
Mayor Stromberg shared an update on the 41st Brigade Combat Team of the Oregon National Guard (1/186) and their transition home. The Demobilization Ceremony, tentatively scheduled for April 24, 2010, will start with a foot march from the Medford Armory and end at the Spiegelberg Stadium in
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session meeting of March 15, 2010 and Regular Meeting of March 16, 2010 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
The Mayor's Proclamations of Arbor Week in
Assistant Planner Amy Gunter and representatives from the Tree Commission, the local Oregon Department of Forestry and the head of the Oregon Department of Forestry Operation presented the City of
1. Does Council wish to approve a Liquor License Application from Sukhdev Singh dba Stop N Shop, at
2. Should Council approve continuance of First Reading of an Ordinance related to Storage of Vehicles to the May 4, 2010 agenda?
3. Should Council approve continuance of First Reading of an Ordinance related to the Advanced Financing of Public Improvements to the May 18, 2010 agenda?
4. Will Council approve and agreement with Jackson County for the City to assume maintenance responsibilities for the improvements to be installed on Clay Street in conjunction with the Snowberry Brook Subdivision development?
5. Does Council wish to authorize the Mayor to sign the second 12-month extension amendment to the 1994 Lease Agreement between the
6. Will Council approve a scrivener’s error correction to Exhibit A of Resolution No. 2010-07 revising rates for water service, which was approved at the March 16, 2010 Council meeting?
Councilor Voisin requested Consent Agenda item #5 be pulled for public input and discussion.
Councilor Jackson/Silbiger m/s to approve Consent Agenda items #1-4 and #6. Voice Vote: all AYES. Motion passed.
Cathy DeForest/1067 Emigrant Creek Road/Added to the record a handout titled “Impacts of Lead Ammunition on Wildlife, the Environment, and Human Health – A Literature Review and Implications for
Bill Longiotti/245 Arnos/Introduced himself as the Vice President of the Ashland Gun Club and was available to answer questions regarding Gun Club practices.
Councilor Voisin suggested extending the lease no more than six months and adding language that would allow the City to terminate the lease within 24 hours if the Oregon Department of Environmental Quality (ODEQ) found additional damage and asked whether the City was liable for the damage. Staff confirmed the City is legally liable as owners of the property and the new lease incorporated several safeguards to protect the City with a month-to-month termination clause.
Councilor Voisin motioned to continue the item until questions were answered. Motion died due to lack of a second.
Councilor Jackson/Silbiger m/s to approve the extension of the lease for 12-months with the conditions the Gun Club work with staff and the consultant to select and implement Best Management Practices that are appropriate to reduce the risk and the Gun Club also work with Kramer and Company and staff to respond to the Lithia Springs Management Plan about the historical artifacts.
Councilor Navickas motioned to amend the motion and require in a six-month interim a report on implemented Best Management Practices. Motion died due to lack of a second.
Continued Discussion on original motion: Councilor
Councilor Voisin/Navickas m/s to ask the Gun Club to return in three months and report on what has been accomplished regarding Best Practices Management.
DISCUSSION: Councilor Voisin explained this would allow the Gun Club to provide a progress report on BMPs. Damage has occurred to the property and the City was allowing it to continue. Councilor Navickas thought the motion was in the interest of all involved parties and due diligence to ensure BMPs are followed. Another practice they could implement immediately was using rubberized targets. City Administrator Martha Bennett confirmed the City would fund any further studies ODEQ requests. The current lease requires the Gun Club to return the property to the condition it was in when they took it over in the 1960’s and it was previously a motorcycle track. The City is ultimately the property owner and responsible. Roll Call Vote: Councilor Voisin, Navickas and
1. Should the Council approve the first reading of ordinances adopting Chapter 18.53 Croman Mill and related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning map amendments?
Mayor Stromberg called the Public Hearing for Planning Action No. 2009-01292 to order at 7:48 p.m. and stated the rules for the conduct of the hearing were in the Public Hearing Format for Land Use Hearings – A Guide for Participants and Citizens and available on the wall in the back of Council Chambers.
ABSENTIONS, CONFLICTS, EX PARTE CONTACTS
Councilor Silbiger declared a conflict of interest and requested Council to recuse him from the discussion.
Chapman/Voisin m/s to allow Councilor Silbiger to recuse himself from participation due to a conflict of interest. DISCUSSION: Councilor
Councilor Silbiger left the meeting at 7:50 p.m.
Councilor Chapman noted numerous conversations with individuals regarding the issue. Councilor
Mayor Stromberg announced all participants have the right to rebut and can challenge or discuss the issues revealed in the Ex Parte contacts during Public Testimony. He then read aloud the list of the Ashland Municipal Code applicable substantive criteria for the decision.
CHALLENGES – None.
Community Development Director Bill Molnar provided history and a presentation that included the following:
Guiding Principles – Proposed Master Plan
Land Use - Principles
Land Use – Compatible Industrial
Land Use – Office Employment
Land Use – Mixed Use
Land Use –
Land Use – Open Space Conservation
Land Use - Principles
Circulation - Principles
Polices and Regulations – Principles
Councilor Jackson/Chapman m/s to extend public hearing until 9:30 p.m. Voice Vote: all AYES. Motion passed.
Senior Planner Maria Harris continued the presentation:
Planning Commission Highlights
Land Use – Mixed Use
Land Use Refinements
Phase 1 – Begin Constructing
Phase 2 – Alternatives for
Transportation Analysis - Planning Commission Recommendation
Public Hearing Package
THOSE WISHING TO PROVIDE TESTIMONY
Ms. Marsh went on to explain the Planning Commission did not accept the Minority Report because it went beyond specific planning decisions, incorporated testimony not part of the public record and was considered inappropriate to include as part of the official Planning Commission documentation and provided an example.
Mike Montero/4497 Brownridge Terrace Ste #105, Medford/Represented the owners of the Croman Mill Site and commented on the owners’ willingness to work with local government to meet community needs. The property owners appreciated the comprehensive analysis, supported the Master Plan, and urged Council to adopt it. He added that Plexis Healthcare Systems Inc. were pleased with the progress and looked forward to being a part of the plan and site.
Paul Steinle/Associate Professor/Southern Oregon University (SOU)/478 Siskiyou Boulevard/Read a letter from Jim Kline, the SOU Provost that was submitted into the record supporting development initiatives that expand and diversify the employment opportunities in Ashland and southern Oregon. Many students leave the area to pursue their careers after graduating. A variety of employers who offer well-paying jobs can provide more options for graduates and ensure the future well-being of the community.
Graham Lewis/152 North Pioneer/Noted the numerous public meetings held regarding the plan. Having a sustainable economy required space for buildings to employ higher wage individuals. It will keep the community vibrant and increase job opportunities. A vote for this plan was a vote for economic sustainability.
Tom Bradley/700 Terrace Street/Noted his fifteen years experience as a commercial real estate owner, developer and broker. He acknowledged the effort stakeholders put into the plan but expressed concerns regarding over design and over regulating. Economic conditions that exist today will not be the same in ten years. He suggested simplifying some of the criteria and allowing more latitude for the future.
Zach Brombacher/1370 Tolman Creek Road/Owns E-1 property from the Department of Motor Vehicles (DMV) to
Michael Dawkins/646 E Main Street/Read previous comments by Ms. Marsh regarding the Minority Report that the Planning Commission was typically assigned to consider technical aspects of the plans such as materials used on buildings not to discuss big picture issues. He noted when the process first started former Mayor Morrison gave a directive that the area needed to be high density, Living Wage and green jobs. Mr. Dawkins voiced concern then on over-regulating the property instead of infilling next to the downtown area. He felt the Planning Commission failed at having public input and discussing the larger issues and disagreed with Ms. Marsh’s comment.
Cate Hartzell/Mayor Stromberg read a request from Cate Hartzell to leave the Public Record open for additional input and project review.
Colin Swales/Mayor Stromberg read a statement into the record from Colin Swales that the plan as presented did not fulfill the City’s industrial employment needs. He preferred the City focus on the “Railroad Property Draft Master Plan 2001,” “The Downtown Draft Plan II 2001,” and the “Draft Infill Study 1995” instead of up zone the Croman Mill Site. Central locations would better provide opportunities for easily serviced businesses in close proximity to established residential neighborhoods where transit is near or not needed.
PUBLIC HEARING CLOSED – 9:16 p.m. Public Record will be kept open until 5 p.m. on May 4, 2010. Comments and responses will be done in writing.
It was clarified that it is not Ex Parte for Council to speak to staff.
Councilor Lemhouse expressed overall support for moving forward but was concerned about over regulating.
Councilor Voisin/Lemhouse m/s to continue item until May 4, 2010. Voice Vote: all AYES. Motion passed.
Zach Brombecher/1370 Tolman Creek Road/Spoke regarding the dumping and storing of items along Mistletoe Road including railroad ties, garbage, mobile homes, cars and trucks and requested the Police Department look into this problem.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS (None)
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should Council approve First
City Attorney Richard Appicello read the ordinance title aloud. Division Chief - Fire Marshal Margueritte Hickman explained the rewrite updated intent and made enforcement feasible and current. During the previous year, the Fire Department mailed 500-600 letters focusing on weed abatement education with 90%-95% compliance. Ten people were eventually cited with only one case going to court.
Mr. Appicello further explained the uniform abatement process and clarified the ordinance applied to city limits. The Class “A” violation was limited to the City Charter and Chapter 108 as it currently exists with up to a $500 fine.
Councilor Chapman/Voisin m/s to approve first reading and set second reading for April 20, 2010.
Roll Call Vote: Councilor
2. Should Council approve First
City Attorney Richard Appicello read the ordinance title aloud. The ordinance was a companion to the Weed Abatement Ordinance and allowed staff to address properties with debris that created a hazard.
Councilor Chapman/Jackson m/s to approve first reading and set second reading for April 20, 2010. DISCUSSION: Councilor Lemhouse supported the ordinance and noted issues the City could have dealing with hoarding or storing junk that becomes hazardous. This was a good mechanism for the City to take action. Roll Call Vote: Councilor
3. Should Council approve First
City Attorney Richard Appicello read the ordinance title aloud. Public Works Director Mike Faught explained the proposed changes, clarified that some residences have an additional meter for irrigation purposes and during water curtailment, those residences would not use their irrigation source. Staff will research how many residences have two meters and whether this causes them to receive additional water as well as address the request to have the water table in cubic feet or provide equation and conversion information to customers.
Council and staff discussed the Waste Definition that included restaurants providing water without asking patrons and using City water for filling swimming pools in excess of 100 gallons during curtailment. Staff clarified that Stage 4 Water Curtailment regulates outdoor use of water to trees, shrubs and food plants and noted that
Councilor Jackson/Lemhouse m/s to approve first reading and schedule second reading for April 20, 2010. DISCUSSION: Councilor
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
Meeting was adjourned at 10:06 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor