MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 15, 2014
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.
Councilor Voisin, Lemhouse, and Rosenthal were present. Councilor Morris, Slattery, and Marsh were absent.
Mayor Stromberg announced vacancies on the on the Airport, Wildfire Mitigation, Forest Lands, Historic, Public Arts, and Tree Commissions.
City Administrator Dave Kanner provided a report on the drought explaining citizens had done a great job conserving water. The community was using 4,500,000 million gallons a day (mgd) which was excellent for this time of year. Typically, July water use was 6 mgd peaking at 7 mgd. Reeder Reservoir was still 100% full largely due to adding 2 mgd of Talent Irrigation District (TID) water. Water flow in Ashland Creek was 3.25 mgd and decreasing. In order to keep the reservoir full the City shut the backside of the TID through town taking that 2 mgd for drinking water purposes. The Talent Ashland Phoenix (TAP) Intertie project was on schedule with completion mid August or early September. There was also a Drought 2014 link on the front page of the city website to keep people informed.
Mayor Stromberg postponed the appointment of Citizen Budget Committee members to the August 5, 2014 Council meeting with Council consent.
Councilor Voisin motioned to postpone first reading of an ordinance titled “An ordinance repealing temporary moratorium on establishment of medical marijuana dispensaries” to the August 5, 2014 Council meeting. Motion died for lack of a second.
Councilor Lemhouse/Rosenthal m/s to postpone second reading of “An ordinance amending the Ashland Municipal Code Title 6 Business Licenses and Regulations to add Chapter 6.50 establishing time, place, and manner regulations and a permitting process for medical marijuana dispensaries” to the meeting of August 5, 2014. DISCUSSION: Councilor Lemhouse thought the entire Council should have the opportunity to vote on the ordinance and Councilor Rosenthal agreed. Councilor Voisin noted the July 1, 2014 Council meeting where the Mayor and two Councilors were absent and the remaining voted on a second reading of an ordinance and wanted consistency. Councilor Rosenthal noted Council Rules where a Councilor could pull an item from the agenda within a reasonable amount of time and that did not happen at the July 1, 2014 meeting. Councilor Voisin had several changes to the ordinance on Time, Place, and Manner she wanted to request. Roll Call Vote: Councilor Lemhouse and Rosenthal, YES; Councilor Voisin, NO. Motion passed 2-1.
Councilor Lemhouse/Rosenthal m/s to postpone second reading of “An ordinance establishing a tax on the sale of marijuana and marijuana-infused products in the City of Ashland” to the meeting of August 5, 2014. DISCUSSION: Assistant City Attorney Doug McGeary explained delaying second reading on the ordinance would not affect the possibility of grandfathering the tax if legalizing marijuana passed in the fall. City Administrator Dave Kanner suggested if Council passed the repeal of the moratorium he wanted to consult with City Attorney Dave Lohman and potentially remove the emergency provision so all of the marijuana ordinances went into effect thirty days past the August 5, 2014 meeting. Councilor Voisin wanted staff to look at what Boulder, CO did with their tax on marijuana growers in the city and possibly add it to the marijuana taxation ordinance. Mr. McGeary would pass that information to Mr. Lohman. Roll Call Vote: Councilor Rosenthal and Lemhouse; YES; Councilor Voisin, NO. Motion passed 2-1.
APPROVAL OF MINUTES
City Recorder Barbara Christensen clarified Councilors absent from a meeting could vote on the minutes by reviewing the actual minutes, the agenda packet, or the video of the meeting. The minutes of the Study Session of June 30, 2014 and Business Meeting of July 1, 2014 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Forests Lands Commission Chair Frank Betlejewski provided the annual report for the Forestlands Commission and shared progress on the Ashland Forest Plan Revision project that included developing inventory standards, plant species list, and an invasive species list. Another project was working with the Parks and Recreation Department to review the coordinated process for trails in the parks and forestlands.
1. Approval of commission, committee, and board minutes
2. Authorization to Proceed with a Contract Exceeding $100,000 for the Construction of Ashland Creek Park
3. Approval of Contract Amendment with KOGAP for Reservoir Sediment Removal
4. Plaza Information Booth Paint Colors
5. Liquor license application for Scott Giossi dba The Playwright
Councilor Voisin pulled Consent Agenda item #3 for further discussion. Engineering Services Manager Scott Fleury explained Reeder Reservoir had not exceeded the total maximum daily load (TMDL) and explained the process in place to manage the East and West Fork Reservoirs. The sediment was coming from the watershed that fed into the forks and there was no way of determining the actual source.
Councilor Voisin/Rosenthal m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS (None)
Kristina Lefever/2359 Blue Sky Lane/Explained she was a member of the Pollinator Project of Rogue Valley. The City of Talent City Council recently approved a resolution to become the second Bee City USA in the nation. She asked Council to consider the Bee City USA application and resolution during a Study Session in October. The world was close to a pollination crisis due to many factors. More than one third of the food people consumed relied on pollinators. She shared the benefits of Ashland becoming a Bee City USA, described the process, and submitted documents into the record.
Laura Ferguson/2253 Hwy 99 N/Spoke as a beekeeper and educator for the College of the Melissae, a center for sacred beekeeping and noted the potential for Ashland to become a pollinator friendly community. She read the benefits of becoming a Bee City USA city, the contributions from bees as pollinators and the high risk of extinction with 59 species threatened already, four in southern Oregon. Agricultural practices could not exceed what bees or other pollinators provided naturally. She looked forward to discussing the issue further with Council.
Scott Green/No address/Spoke on police misconduct that had occurred for over a year and gave examples. The community would not tolerate this kind of criminal behavior from the Ashland Police who were following orders with some officers working with the state. He wanted to schedule a series of meetings with Council who were able to do something about the situation.
Mayor Stromberg explained the process for filing a complaint started with the Police Chief who would provide a report to the Mayor and Council to consider any action if needed. Police Chief Terry Holderness met with Mr. Green immediately to start the process.
Council requested staff add Bee City USA to a future Study Session agenda.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. Appointment to Citizen Budget Committee
Item postponed to the August 5, 2014 Council meeting.
2. Discussion and direction to staff regarding the plaza kiosk
City Administrator Dave Kanner provided history that resulted in Council questioning whether to relocate the kiosk and request public feedback on the matter. The majority of public comments wanted the kiosk left were it was. Mr. Kanner estimated the cost to repair the kiosk could range from $1,000-$4,000 and clarified they did not have a formal cost estimate. The roof had at least five years left. Council decided not to take action at this time regarding the kiosk with concern expressed that expenses could increase by postponing repairs.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second reading by title only of an ordinance titled, “An ordinance amending the Ashland Municipal Code Title 6 Business Licenses and Regulations to add Chapter 6.50 establishing time, place, and manner regulations and a permitting process for medical marijuana dispensaries”
Item postponed to the August 5, 2014 Council meeting.
2. Second reading by title only of an ordinance titled, “An ordinance establishing a tax on the sale of marijuana and marijuana-infused products in the City of Ashland”
Item postponed to the August 5, 2014 Council meeting.
3. First reading by title only of an ordinance titled, “An ordinance amending Ashland Municipal Code Chapter 1.08 General Penalty, Sections 1.08.010, 1.08.020 and 1.08.030 compliant with current state statues”
Assistant City Attorney Doug McGeary explained the ordinance would clarify state and city violations and penalty amounts, Municipal Court jurisdiction over specific crimes and limits on fines. The judge retained the ability to determine minimum fines.
Councilor Lemhouse/Rosenthal m/s to approve first reading and place on agenda for second reading. Roll Call Vote: Councilor Rosenthal, Lemhouse, and Voisin, YES. Motion passed.
4. First reading by title only of an ordinance titled, “An ordinance relating to adoption of the Oregon Fire Code and amending Chapter 15.28”
Division Chief Fire Marshal Margueritte Hickman explained the state adopted the 2014 Fire Code and it was currently in effect. Adopting the Oregon Fire Code would provide the City direct enforcement and allow amendments. Staff was recommending two amendments. Section 15.28.050 Fire Protection System Maintenance would allow the Fire Department to hold fire protection system service providers’ accountable for their services. Section 15.28.070 (E) would have the service report go directly to the Fire Department. There were approximately 20-30 service providers in the area. Fire Marshal Hickman clarified 15.28.070 (G) Section 5601 did not include fireworks.
Councilor Rosenthal/Voisin m/s to approve first reading and place on agenda for second reading.
Roll Call Vote: Councilor Lemhouse, Rosenthal and Voisin, YES. Motion passed.
5. First reading by title only of an ordinance titled, “An ordinance repealing temporary moratorium on establishment of medical marijuana dispensaries”
Assistant City Attorney Doug McGeary explained the ordinance contained an emergency clause that Council could consider during second reading. The intention was having all the marijuana ordinances go into effect at the same time. Council could also change the effective date of the moratorium during second reading.
Councilor Lemhouse/Rosenthal m/s to approve first reading and place on agenda for second reading. DISCUSSION: Councilor Lemhouse thought it was the right time to move it to second reading and time it appropriately with the other ordinances. Councilor Rosenthal and Councilor Voisin agreed.
Roll Call Vote: Councilor Rosenthal, Voisin and Lemhouse, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
Councilor Lemhouse encouraged everyone to attend the Green Show at the Oregon Shakespeare Festival. It was free and highlighted local talent.
Councilor Voisin provided a liaison report from the Transportation Commission and concerns the Commission had with revisions to the Council Commission Rules ordinance the City Attorney would share with Council.
City Administrator Dave Kanner announced the start of a yearlong project to paint and powder coat specific lampposts on North Main from the railroad trestle to Helman Street.
Meeting adjourned at 8:15 p.m.
Barbara Christensen, City Recorder John Stromberg, Mayor