Agendas and Minutes

City Council (View All)

Regular Meeting

Tuesday, April 01, 2008

April 1, 2008
Civic Center Council Chambers
1175 E. Main Street

Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
Councilors Hardesty, Navickas, Hartzell, Jackson, Chapman and Silbiger were present.
Mayor Morrison stated the City is in the process of determining the annual appointments to the various City commissions, committees and boards. He noted there are several additional vacancies and encouraged interested citizens to contact the City Recorder's Office for information.
The minutes of the Study Session of March 17, 2008, Special Meeting of March 17, 2008, Executive Session of March 18, 2008 and Regular Council Meeting of March 18, 2008 were approved as presented.
1. Mayor's Proclamation of Independent Media Week.
Proclamation was read aloud by Mayor Morrison.
2. Tree City USA Presentation.
Assistant Planner Amy Anderson provided an update of the Tree Commission's accomplishments and noted the activities planned in April to celebrate Arbor Week. Tree Commissioner's John Rinaldi and Zane Jones were introduced and it was noted there are openings currently available on the Commission. Derek Burns with the Oregon Department of Forestry provided a brief presentation and presented the Tree City USA award to the City of Ashland.
3. Will the Council approve the plan that Jackson County developed to comply with Senate Bill 111, which requires Counties to develop and implement a plan for investigations of law enforcement uses of deadly physical force in the line of duty?
Jackson County District Attorney Mark Huddleston presented the background information on the proposed Senate Bill 111 draft plan. He clarified this bill requires each county in the state to convene a planning authority to draft a plan that deals with how to respond to instances in which officers in the line of duty are required to use deadly physical force. Mr. Huddleston listed the members of the planning authority and clarified the plan does not dictate how local governments address these issues, but rather provides what ought to be considered. He added this is not a substitute for the Ashland Police Department's Use of Force Policy.

Mr. Huddleston noted the components and requirements of the plan, which include: education, outreach and training, what happens immediately after a use of force incident, investigation of the incident, liability issues, collecting information for the Attorney General, attention paid to the officer, and counseling.

Ashland Police Chief Terry Holderness voiced his support for the proposed plan.

Councilor Hartzell/Chapman m/s to approve the plan developed by the Jackson County Deadly Physical Force Planning Authority to address the investigation and other aspects of situations in which a law enforcement officer uses deadly physical force in the line of duty. Roll Call Vote: Councilors Hartzell, Jackson, Chapman, Navickas, Hardesty and Silbiger, YES. Motion passed 6-0.

1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Will Council authorize the Mayor to sign the partition plat and deed restriction in preparation for the sale of city-owned property on Westwood Street near Strawberry Lane?
3. Does the Council wish to approve the sale and subsequent transfer/assignment of rights of the Unicom customer base on the Ashland Fiber Network to Jim Teece as required by the ISP contract?
4. Should Council approve the contract for the North Main/Scenic Park development project?
5. Will Council approve a resolution in support of an ODOT Transportation Enhancement grant in the amount of $512,000 to construct sidewalks on Laurel Street?
6. Does the Council want to approve a resolution repealing and replacing Resolution 2008-05, correcting for information omitted when an attachment page was not included?
7. Does the Council wish to deny a Liquor License Application from Michael Rozenfeld dba Fresh Feast, LLC at 280 Hersey #6?
Councilor Jackson/Hardesty m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed 6-0.
1. Should the Council award a portion of the 2008 Community Development Block Grant (CDBG) Funds to the Fair Housing Council of Oregon, and direct staff to develop the 2008 Annual CDBG Action Plan to identify proposed used for CDBG funds?

Public Hearing Opened: 7:32 p.m.

Housing Program Specialist Brandon Goldman presented the staff report and clarified the Community Development Block Grant (CDBG) Program is a Federal program by which the City receives approximately $200,000 per year. He explained that due to past carryover, the City has accumulated $356,000. He indicated only one proposal was submitted to the City for use of these funds, and explained the Fair Housing Council of Oregon has requested a $10,000 allocation.

Mr. Goldman commented on why the City received so few proposals and explained the main responses from the affordable housing providers were: 1) they were already working on a number of other projects, or 2) they were in the process of developing a project, but it had not reached the point that would allow them to apply for the CDBG funds. Mr. Goldman explained in the coming year, the City will be required to expend at least $139,000 of the CDBG funds in order to be in compliance, and noted the Council Communication outlines a number of possible uses.

Mr. Goldman provided a brief explanation of the Fair Housing Council's proposal and stated their request is for $10,000 to undertake fair housing counseling, education and enforcement within Ashland. He noted the Housing Commission reviewed their proposal and both staff and the Commission are recommending the Council award this funding to the Fair Housing Council of Oregon for that proposed use.

Public Hearing Closed: 7:39 p.m.

Councilor Hardesty/Hartzell m/s to award the Fair Housing Council of Oregon $10,000 in CDBG funds to undertake fair housing counseling, education and enforcement within Ashland during the 2008 CDBG program year. Roll Call Vote: Councilors Chapman, Navickas, Silbiger, Hardesty, Hartzell and Jackson, YES. Motion passed 6-0.

Councilor Jackson/Hardesty m/s that the remaining CDBG funds shall be made available to support eligible affordable housing related activities such as land acquisition, public facility improvements, and/or housing preservation in the 2008 Annual CDBG Action Plan. Roll Call Vote: Councilors Chapman, Navickas, Silbiger, Hardesty, Hartzell and Jackson, YES. Motion passed 6-0.

Mr. Goldman clarified CDBG funds would not be eligible for use on the City's Lithia lot. He also clarified the Housing Commission has been working on identifying regulatory barriers that could be impeding the development of market rate apartments and affordable housing, and they have met with the Planning Commission on this subject.

2. Will the Council authorize the increase of fees for the Ashland Community Center, Pioneer Hall, and The Grove facilities to recover 50% of operational and maintenance expenses?
Parks & Recreations Superintendent Rachel Tiege explained the Parks & Recreation Department reviews fees and charges related to all indoor and outdoor facilities as part of their annual budget process and noted the Commission's goal of reaching a 50% recovery rate by implementing small increases each year. She stated the Commission approved the fee adjustments outlined in the Council Communication at their February meeting and requested Council approve the proposed fee adjustments for Pioneer Hall, the Community Center, and The Grove.

Public Hearing Opened: 7:46 p.m.

Public Hearing Closed: 7:47 p.m.

Councilor Silbiger/Chapman m/s to approve, on behalf of the Ashland Parks and Recreation Commission, the recommended fee and policy schedule for indoor facilities at a cost recovery of 50% beginning on July 1, 2008. DISCUSSION: Councilor Navickas voiced his objections to raising the fees for these facilities. Councilor Hartzell requested staff perform a cost of service tracking for next year's budget discussion. Mayor Morrison noted the difficult budget year the City is facing and noted that although they may not like to see these types of increases, they are necessary. Roll Call Vote: Councilor Hardesty, Hartzell, Chapman, Jackson, and Silbiger, YES. Councilor Navickas, NO. Motion passed 5-1.

3. Does the Council wish to authorize a 9% rate increase for residential, commercial and medical waste services by Ashland Sanitary and Recycling?
Management Analyst Ann Seltzer submitted telephone testimony from Gloria Aker into the record.

Ms. Seltzer explained the City has a franchise agreement with Ashland Sanitary & Recycling and noted the City ordinance which provides that Ashland Sanitary can petition the City Council to increase their rates. She noted Ashland Sanitary's reasons for wanting the increase include: increasing fuel costs, increasing wages and benefits, increasing liability insurance and workman compensation, and increasing health costs. Ms. Seltzer stated only two rate increases have occurred since 1990 and noted Ashland Sanitary is requesting Council's approval of a 9% increase.

Ashland Sanitary & Recycling owners Russ Chapman and Gary Rigotti came forward for Council questions. Mr. Rigotti commented briefly on their pre-paid bags and sticker program, and noted Ashland is unique in that the amount of tonnage to the Dry Creek Landfill went down by 3.1% last year. He also clarified about 75% of their customers are residential, and 25% commercial.

Public Hearing Opened: 8:05 p.m.

Oleta Watkins/215 Tolman Creek Road #4/Expressed the need for better clarity in regards to Ashland Sanitary's recycling program and also recommended better pick-up services for the recycling.

It was noted that citizens should contact Ashland Sanitary directly for additional information about their programs.

Public Hearing Closed: 8:12 p.m.

Councilor Hartzell/Jackson m/s to approve Resolution # 2008-07. DISCUSSION: Councilor Silbiger noted the testimony submitted by Ms. Aker and noted this franchise only applies to customers within the Ashland City limits. Councilor Navickas voiced his support for Ashland Sanitary's recycling incentive programs and their sticker program. Roll Call Vote: Councilors Hardesty, Silbiger, Chapman, Hartzell, Navickas and Jackson, YES. Motion passed 6-0.

Dan Folliard/1032 Oak Knoll Drive/Shared his concerns with ODOT's proposed Rest Area and Welcome Center, specifically the use of Ashland's water and sewer systems. Mr. Folliard also spoke regarding the accelerated speeds of vehicles coming down the mountain and stated the proposed location is at the bottom of the highest pass on I-5. He urged the Council to deny the water and sewer connections for ODOT and requested there be a public discussion on this matter.

Allen Baker/1042 Oak Knoll Drive/Submitted a transcript of the Mayor's testimony before the County Planning Commission regarding the ODOT Rest Area and Welcome Center. Mr. Baker voiced his disagreement with the Mayor's statements that the Council had made a decision on this matter and that they had accepted staff's recommendation. He argued that Council has not made a decision, but rather only held an informational meeting, and voiced his displeasure that this inaccurate testimony was given.

Dennis Slattery/1405 Pinecrest Terrace/Invited Ashland residents to attend a Community Discussion, April 30, 2008, at the Historic Ashland Armory.

Mayor Morrison clarified the testimony he gave before the County Planning Commission and stated he stands behind what he said. He noted a prior City Council made a decision several years ago to support this project and stated there was consensus by the current Council at their recent meeting to support this project. City Administrator Martha Bennett indicated there was a decision made by the Council in 1997 and then reaffirmed a few years later in 2001. She clarified ODOT would not pay City SDCs, but they would pay a differential utility rate, which is double the regular rate. She added staff would provide information to the Council on what the water usage would be compared to that of an average household.

Mayor Morrison spoke regarding the motion the Council made at their last meeting to table the Siskiyou Boulevard Safety item. He commented on parliamentary procedure and noted it would require a motion of the Council to take this item "off the table".

Interim Public Works Director Jim Olson provided an update on the actions of the Traffic Safety Commission and stated they are working on a request to ODOT to reduce the speed limit along Siskiyou Blvd, they are installing the thermo-plastic rumble strips, and they are working on acquiring the pedestrian activated amber beacons; however, this action may take a little longer to completed due to certain engineering requirements. Mr. Olson noted one of the new recommendations from the Commission is to appoint an Ad Hoc Committee to further study the safety issues on the campus section of Siskiyou Blvd, and the Committee would be comprised on members from the Traffic Safety and Bicycle & Pedestrian Commissions, ODOT staff, Southern Oregon University staff and students, and other interested parties.

Council briefly shared their comments on this issue. Councilor Hartzell commented on why this issue came before the Council and voiced her interest in the work of the Traffic Safety Commission. She noted the importance of dealing with the engineering in new and creative ways and voiced reservations about utilizing the same company that did the redesign. She also indicated that it was appropriate for this issue to come before the Council due to the severity of the accident on Siskiyou Blvd. Councilor Jackson commented that they should trust the work of the Traffic Safety Commission and noted her desire to send a clear and straight forward signal that the Council is not trying to interfere with their work. Councilor Silbiger clarified the work of the Traffic Safety Commission would continue if the motion dies on the table.

Colin Swales/461 Allison Street/Noted he is a member of the Traffic Safety Commission, but is speaking on behalf of himself. Mr. Swales stated this Commission serves purely an advisory role and noted the Commission members are amateurs and not professionals in this area. He questioned if the recommendations of the Commission need to be ratified by the Council since they are in reference to a State highway and recommended the Council formally support the recommendations to ensure that the Commission has the authority to proceed with these issues.

Mayor Morrison commented that Siskiyou Blvd. is under City jurisdiction. City Attorney Richard Appicello clarified the City Adminsitrator has the authority to delegate and take action on these issues without bringing this before Council. City Administrator Martha Bennett added that typically staff will prepare an order pertaining to a Traffic Safety Commission recommendation and send it over for her signature.

1. Does the Council have any feedback for staff about the proposed selection/interview process for the Public Works Director?
City Administrator Martha Bennett commented on the conflicts with the proposed April 17-18 dates, and recommended the interview process be rescheduled to April 24-25, 2008.

Human Resource Manager Tina Gray recapped the process for selecting the Public Works Director and provided an explanation of the proposed 4-part process, which will include: a City tour, a department head panel, an open house/reception which could include a televised presentation by each candidate, and a two-panel interview process. Ms. Gray stated that staff needs direction on whether Council wishes to televise the open house and asked if they agree with candidate presentations given at that time.

Council offered their opinions regarding the interview process proposed by staff. Councilor Hartzell voiced her preference for the process used for the Police Chief. Councilors Silbiger and Jackson voiced support for each candidate to give a 5-7 minute presentation at the open house. Councilor Hardesty questioned if they would be able to ask the candidate questions at the end of their presentations. Ms. Bennett reminded the Council of the constraints the City operates under and clarified they would have to ask the same questions of each candidate.

Council voiced support for the process outlined by staff with the 5-7 minute presentations from each candidate. Ms. Bennett indicated there would be comment cards available for the public to complete and noted the televised portion would be rebroadcast on RVTV.

1. Does the Council wish to approve second reading of a proposed Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Chapter 2.12, City Planning Commission"?
City Attorney Richard Appicello noted this is the second reading and read the title of the ordinance aloud.

Councilor Hardesty noted the email from Planning Commission Chair John Stromberg recommending the language in Section 2.12.010 remain unchanged which would allow two members of the Planning Commission to be non-residents of the City.

Councilor Hardesty/Chapman m/s to approve Ordinance #2950 with amendment to Section 2.12.010 to state "two of the members may reside outside the City limits." DISCUSSION: Mr. Appicello read Section 2.12.010 with the proposed amendment aloud. Councilor Navickas voiced his preference for all Planning Commission members to reside within the City limits. Ms. Bennett clarified that because Councilor Hardesty included the amendment as part of the motion to approve the ordinance, if the motion fails, the entire ordinance fails. She suggested withdrawing the current motion and making two separate motions instead. Councilors Hardesty and Chapman withdrew the motion.

Councilor Hardesty suggested at a minimum they consider including language that two members may reside within the Urban Growth Boundary. She stated there are people who reside just outside the City limits that have a lot invested in Ashland and care about this community. Councilor Hartzell noted the Planning Commission is unique in terms of the authority and power it has, and expressed her discomfort with the possibility of someone being appointed who does not have a strong attachment to the City.

Councilor Hardesty/Jackson m/s to amend the Revised Planning Commission Powers and Duties Ordinance, Section 2.12.010(2) to delete "within the Urban Growth Boundary (UGB)". DISCUSSION: Councilor Chapman suggested they compromise by limiting it to one member instead of two. Mayor Morrison offered his perspective and voiced his support limiting it to a certain mileage, such as requiring they reside within 3 miles of the City limits. Support was voiced for amending the provision to not more than one individual that lives within 3 miles of the City limits. Councilors Hardesty and Jackson withdrew motion.

Councilor Hardesty/Silbiger m/s to amend Section 2.12.010 of the ordinance to read "not more than one (1) of whom may reside within three-miles outside the City limits." Roll Call Vote: Councilors Chapman, Silbiger, Jackson, Hartzell and Hardesty, YES. Councilor Navickas, NO. Motion passed 5-1.

Councilor Jackson/Hardesty m/s to approve Ordinance #2950. DISCUSSION: Mr. Appicello read Section 2.12.010 with the approved change aloud. Roll Call Vote: Councilors Chapman, Navickas, Silbiger, Jackson, Hartzell and Hardesty, YES. Motion passed 6-0.

2. Should the Council approve Second Reading of an Ordinance adopting ALUO Amendments, including reading a new Section 112 "Delayed Effective Date" in full?
City Attorney Richard Appicello read the title of the ordinance aloud.

Colin Swales/461 Allison Street/Commented on the procedural changes for appeals to Council and stated the proposed ordinance would shut down public participation and take away power from the Council.

Councilor Jackson/Silbiger m/s to approve Ordinance #2951 as amended with the delayed effective date. DISCUSSION: Councilor Hartzell suggested changing the time speakers get during an appeal to 5 minutes instead of 3.

Councilor Hartzell/Navickas m/s to amend Section 105, 18.108.110(C) to read "ten (10) minutes for the appellant, if different, and five (5) minutes for any other party who participated below." DISCUSSION: Councilor Navickas voiced his support for this modification and also suggested they limit citizens from using other people's time. Councilor Chapman voiced his opposition to the amendment and noted the participants would have already submitted written statements. Roll Call Vote: Councilors Silbiger, Hartzell, Jackson, Hardesty and Navickas, YES. Councilor Chapman, NO. Motion passed 5-1.

Councilor Hardesty/Hartzell m/s to amend ordinance to add that there be a mandatory review of this procedure within three years of the effective date. DISUCSSION: Mr. Appicello indicated Section 113 could be added which would state "This ordinance shall be reviewed by the City Council three years from the effective date of this ordinance." Roll Call Vote: Councilors Silbiger, Chapman, Hartzell, Jackson, Hardesty and Navickas, YES. Motion passed 6-0.

Mr. Appicello read Section 105, Paragraph C as amended aloud.

Roll Call Vote on Ordinance as amended: Councilors Silbiger, Chapman, Jackson and Hardesty, YES. Councilors Hartzell and Navickas, NO. Motion passed 4-2.

3. Should the City Council declare and emergency and unanimously adopt three ordinances titled, "An Ordinance relating to nuisances, amending code section 9.08.180 concerning distribution of written materials declaring an emergency", "An Ordinance relating to solicitation, requiring no trespassing signs, limiting solicitation hours, and repealing code chapter 6.24 concerning peddlers, and declaring and emergency", and "An Ordinance relating to public parks, repealing Code Sections 10.68.050, 10.68.070 and 10.68.160 and declaring and emergency"?

David Berger/575 Auburn Street/Suggested alternate language for 6.24.030 which provides for criminal trespass and suggested the ordinance be amended to read "a person that enters private property posted with a clearly visible no solicitation sign..." or "a person who enters private property where a clearly visible no solicitation sign is posted." He also recommended they better clarify which entities are included in the language "not for profit organization fundraising."

Councilor Navickas stated he did not support moving these ordinances forward with the emergency clause.

City Administrator Martha Bennett explained the consequences of delaying the effective dates. She stated if these were handled as normal ordinances and first reading was approved tonight, the earliest the ordinances could be effective is May 15, 2008. She stated the reason staff recommended an emergency was because ballots for the May election are expected to be circulated the first week of May and staff anticipates there will be door to door campaigning. She stated the City currently has an illegal ordinance on the books and staff would prefer to resolve this conflict prior to the campaign season. Mr. Appicello clarified the vote has to be unanimous in order to adopt an emergency ordinance.

Mr. Appicello read the proposed ordinance relating to Section 9.08.180 aloud.

Councilor Hartzell/Hardesty m/s to declare an emergency for the ordinance related to nuisances. Roll Call Vote: Councilors Hartzell, Jackson, Navickas, Hardesty, Chapman and Silbiger, YES. Motion passed 6-0.

Councilor Hartzell/Jackson m/s to approve first and second reading and adopt Ordinance #2949. Roll Call Vote: Councilors Hartzell, Jackson, Navickas, Hardesty, Chapman and Silbiger, YES. Motion passed 6-0.

It was announced that the remaining two ordinances would come back to Council at their next meeting.

Meeting adjourned at 10:28 p.m.

Barbara Christensen, City Recorder
John W. Morrison, Mayor

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