MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 6, 2003 - 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street

CALL TO ORDER
Mayor Alan DeBoer called the meeting to order at 7:00 p.m.

ROLL CALL
Councilor Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn were present.

APPROVAL OF MINUTES: Regular Council Meeting Minutes of April 15, 2003, and Minutes of Executive Session of April 15, 2003.

SPECIAL PRESENTATIONS & AWARDS

A Certificate of State Accreditation was presented to Police Chief Scott Fleuter and the Ashland Police Department.

Proclamations of May 5 - 12, 2003 as National Historic Preservation Week, of May 18 - 24 as National Emergency Medical Services Week, of May 18 - May 24, 2003 as National Public Works Week, and of May 11 - May 17, 2003 as National Nursing Home Week were read aloud.

CONSENT AGENDA

1. Minutes of Boards, Commissions and Committees.

Councilors Hartzell/Jackson m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed.

PUBLIC HEARINGS

1. Public Hearing for any concerns with the intent to form a Local Improvement District (LID) for Construction Improvements to Tolman Creek Road.

Public Works Director Paula Brown and City Engineer Jim Olson gave background information and a brief synopsis on the proposed formation of a Tolman Creek Road LID. Olson explained that the prime goal in forming this LID was for safety and the slowing of traffic. On a map, Olsen indicated proposed areas for increased pedestrian safety, which included sidewalks, bike lanes, and traffic islands. He noted that attention is being placed on saving trees and that property owners are being consulted. It was explained that crosswalks would be striped and pedestrian lighting installed. Brown noted areas where design is still being negotiated with property owners. It was explained that most citizen feedback received by Staff concerning the LID has been positive.

Public Hearing OPEN: 7:25 p.m.

James Dietz/851 Tolman/Commented favorably concerning the design of the plan, but felt that more could be done for safety and traffic calming. He suggested incorporating the use of speed bumps and stop signs.

Irene Kai/2560 Eagle Creek Lane/Voiced outrage at being forced to participate in the LID when she doesn't want to. She felt that the design does little in terms of traffic calming, and asked for instruction on how citizens could stop the LID from going forward.

Tonia Blum/932 Tolman Creek Road/Voiced support of the LID and expressed her pleasure in the outcome of the project process.

Joseph Peck/936 Spring Way/Opposed the LID and stated his opinion that safety on Tolman was not currently an issue. He felt that the project would unfavorably impact the neighborhood and expressed support of citizens trying to stop the LID.

Mary-Kay Michelsen/2810 Diane Street/Supported the formation of the LID and expressed her approval of the project's design.

Public Hearing CLOSED: 7:40 p.m.

Brown explained that after passage of the Resolution there is no recourse for property owners to stop the LID. Construction on the project goes out to bid next month. Olson explained that stop signs are not installed unless they are warranted. It was explained that stop signs do not slow traffic but rather serve as a regulator of right-of-way. It was reiterated that traffic calming is stressed in the design of the project.

The process of noticing for the public hearing was explained. Staff recommended that the Council approve the formation of the LID. Brown clarified that she does not expect costs to go over the bid.

Council discussed the dates of noticing of the hearing and explored the possibility of bringing the Resolution back for reading at the May 20 meeting. Property owners were encouraged to speak up in regards to their concerns about the LID. City Attorney Paul Nolte explained the process for submitting a remonstrance for this proposed LID. Council agreed that this should come back at the May 20 meeting.

PUBLIC FORUM

Daniel Rueff/Ashland/Commented on problems that he feels is associated with Interfaith Community Care Association (ICCA) and his interaction with this organization. He commented on his involvement in past flag burning incidents and expressed appreciation for individuals fighting for forests.

Marilee Jenkinson/1102 Holton Rd Talent/Spoke regarding political will, homelessness, civil liberties and when it is right to assemble.

Ryan Navickas/711 Faith Street/Spoke regarding the recent arrest of bicycle activists and stated that these assemblies are only meant to bring attention to bicycle safety. He felt it was counterproductive for the City Police to arrest those protesting the lack of bicycle safety. He commented that in the past the local police department seemed more tolerant of protesters than they are now.

Jimmie Young/1151 Tolman Creek Road/Spoke regarding the value of the Ashland Fiber Network to the local economy and how important it is to his business. He commented that if AFN is marketed and managed properly it would bring in businesses beneficial to the community.

J. T. Saloma/593 Crowson/Shared his opinion that homeless individuals are being discriminated against and commented on how he felt ICCA should be reaching out and providing to the homeless.

Laws commented that Public Forum was an inappropriate place for public attacks on individuals who are not City employees or elected officials. It was noted that the agenda of the June 4, 2003 Study Session would include discussion of homeless issues.

UNFINISHED BUSINESS (None)

NEW AND MISCELLANEOUS BUSINESS

1. Presentation on Housing Trust Fund Project.

Mary Brooks of the Housing Trust Fund Project, a special project of the Center for Community Change, spoke regarding housing trust funds. She explained that Housing Trust Fund is a way to elevate the way in which we fund affordable housing, by providing a dedicated and secure source of public funding. She commented on positive steps that the City has taken in order to take advantage of housing trust funds, and briefly explained the way Housing Trust Funds work.

Rich Rohde/124 Ohio/Spoke regarding the current legislation and its status. He explained that this bill has been modified and includes a four-year pilot program offering a window of opportunity for the City of Ashland to show what a Housing Trust Fund could accomplish for affordable housing in Ashland.

Nancy Richardson/93 California St/Voiced appreciation for the creation of the Housing Coordinator position. In regards to opposition to the Real Estate Transfer tax, she felt that that the tax is not unfair and does not target certain groups. She feels that the current system of taxation disproportionately benefits property owners.

Brooks commented that all revenue sources should be investigated when considering Housing Trust Funds and that the most common method of managing the funds is to administer them through a department or an agency.

2. Quarterly Financial Report.

Finance Director Lee Tuneberg summarized the Quarterly Financial Report and pointed out adjustments various areas.

3. Affiliated Marketing Agreement with Bonneville Environmental Foundation (BEF).

Electric and Telecommunications Director Dick Wanderscheid explained the proposed agreement with BEF to market "Green Tags" that could be used purchased by Ashland residents. The tags represent green power purchased by BEF on behalf of the tag purchaser. BEF proposes to provide an up-front payment of $2,500 that would be used to invest in Green Power generation within Ashland.

Councilor Hartzell/Laws m/s to authorize entering into an Affiliated Marketing Agreement with BEF. Voice Vote: all AYES. Motion passed.

4. Ashland Fiber Network (AFN) Quarterly Report.

Electric and Telecommunications Director Dick Wanderscheid presented the AFN quarterly report. He explained that AFN consistently exceeds cable modem and cable TV targets. He noted that in the area of revenue, the already approved rate increase would almost make up the revenue shortfall. In expenses, the way the expenses have been reported is inaccurate due to misclassification of some capital expenses.

ORDINANCES, RESOLUTIONS AND CONTRACTS

1. Reading by title only of "A Resolution Revising Rates for Electric Service Pursuant to Ashland Municipal Code Section 14.16.030 and repealing Resolution 2002-09."

Electric and Telecommunications Director Dick Wanderscheid noted an error in the last sentence in the last paragraph under "Fiscal Impact," it should read "Their BPA surcharge would increase from $19.71 to 25.63."

He reported on the proposed rate increase, noting a variety of increased expenses.

Councilor Hartzell/Laws m/s to accept recommendation. Roll Call Vote: Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn; All AYES. Motion passed.

Councilor Hartzell/Laws m/s to approve Resolution #2003-12. Roll Call Vote: Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn: All AYES. Motion passed.

2. Reading by title only of "A Resolution Revising Rates for Water Service pursuant to Ashland Municipal Code Section 14.04.030 and Repealing Resolution 2002-08."

Finance Director Lee Tuneberg reported that this is the second of three annual 5% increases. The increase would be effective for bills prepared on are after July 1, 2003 beginning with cycle one.

Councilors Hartzell/Morrison m/s to approve Resolution #2003-13. Roll Call Vote: Morrison, Hearn, Amarotico, Hartzell, Laws, and Jackson; All AYES. Motion passed.

Councilors Hartzell/Laws m/s to extend the meeting past 10p.m. Voice Vote: All AYES. Motion passed.

3. Reading by title only of "A Resolution of City of Ashland, Jackson County, Oregon, Authorizing the Issuance of Water Revenue Bonds and a Master Water Revenue Bond Declaration."

Finance Director Lee Tuneberg reported that approval of this resolution would allow the competitive sale to go forward and also, with the declaration, provide the Finance Director the ability to make the final necessary decisions in a bond sale.

Councilor Morrison/Hearn m/s to approve Resolution #2003-14. Roll Call Vote: Jackson, Hearn, Laws, Morrison, Hartzell and Amarotico; All AYES. Motion passed.

4. Reading by title only of "A Resolution Authorizing and Ordering the Local Improvements for Construction Improvements to Tolman Creek Road Consisting of Sidewalks, Park rows, Parking Bays, Bicycle Lanes, Pedestrian Safety Improvements to Intersections, Traffic Diverter Islands, Drainage and Associated Improvements and Authorizing the City to Borrow Money and Issue and Sell Notes for the Purpose of Providing Interim Financing for the Actual Cost of the Local Improvement."

Item postponed until May 20, 2003.

OTHER BUSINESS FROM COUNCIL MEMBERS

Morrison commented on protest demonstrations, noting that there is neither policy nor intent on the part of the City to prevent citizens from exercising their rights to demonstrate.

It was noted that one must not assume that free expression would be unregulated.

DeBoer reminded that tomorrow's study session would be on the "Big Box" issue.

Jackson reminded that May 15, 2003 from 7 to 9p.m. there would be an affordable housing public forum at the United Methodist Church at North Main and Laurel.

ADJOURNMENT
Meeting was adjourned at 10:07p.m.

_________________________________ ________________________________

Barbara Christensen, City Recorder Alan DeBoer, Mayor