HomeMy WebLinkAbout1999-0518.REG.MIN MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 18, 1999
Civic Center Council Chambers, 1175 E. Main Street
PLEDGE OF ALLEGIANCE
Mayor Shaw called meeting to order at 7:00 p.m., in the Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Hauck, Hanson, Wheeldon and Fine were present: Reid was absent.
APPROVAL OF MINUTES
The minutes of the Regular meeting of May 4, 1999 were approved as amended; on page one of approval of
minutes Shaw requested that, 'Tfor service outside the city, many items" be eliminated; page two under Public
Forum Trema Tumbleson speaking, change word.pore "counO," to "staff' throughout paragraph, and change
",4shland" to "The Friends of .4shland LibraW' "; page six, paragraph 11, should read as follows, "Shaw noted that
it has been past practice to review the success of such a resolution afier one year and report those findings to the
c'ounci/."
SPECIAL PRESENTATIONS & AWARDS
1. Update and presentation by the Forest Lands Commission.
Chairman of the Forest Commission, Bill Robertson and member John Morrison made presentation to council.
Robertson noted the other members as Pete Seda, Richard Brock, Eric Schehen, Fred Binnewies and Joanne Eggers.
Robertson explained how the commission deals with setting policy on how things are handled in the forest. Also,
noted that the council approved a forest plan eight years ago. Stated that the public process has helped when
working through the issues of forest management. Introduced Contract Forester Marty Main, who gave overview
and report on how things have been working for the last three or four years. Main explained that a thorough
analysis of the watershed, from a geological point of view, was completed. The commission is currently looking at
fire hazards with the basic premise of producing water being the primary objective. Noted positive coordination
with the Forest Service in many projects and how the City of Ashland has moved forward in a very commendable
way.
Main noted how the Forest Commission impressed him in the way they look at the depth of situations and projects.
Robertson explained what a typical agenda of the Forest Commission looks like, and how they break units by acres
and then evaluate these units. The Commission is currently working on a master plan for recreation trails with City
Parks Department and Forest Service. Noted their struggle with the goal to encourage private land owners in
regards to wildfire safety.
Main reported that the commission has been actively involved in about 200 of the 600 acres that are the city's
watershed area. Explained that the Wilderness Project Youth are involved in the labor aspect of these projects, and
various other volunteers from individuals and organizations have helped.
2. Presentation by State of Oregon: Making Climate Change a Local Issue.
Sam Sadler, Energy Analyst from the Office of Energy in Salem presented video on climate change. Commented
on the how advanced the City of Ashland is in terms of energy conservation. Noted that the State offers many
incentive type programs for energy conservation. Explained that transportation counts for about 50% of the CO2
discharge, and that transportation conservation is important. Suggested developing an inventory on emission
control. Noted meeting that will take place at SOU on Wednesday, May 19th as a community forum on climate
change.
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Shaw commented on the frustration of developing and promoting alternative modes of transportation. Noted how
the City of Bend has not kept a tight urban reform and allowed water and sewer outside their city limits. This has
allowed the county to set planning standards which do not adhere to Oregon Land Use Laws. Noted how the city is
choked with strip development, and that the State of Oregon helped this city put in a $13 million bypass. In
comparison. the City of Ashland has worked hard toward alternatives, and finds itself way down the list in terms of
~mding. Asked what we could be done to reward cities that are really making an attempt to follow the State
Standards.
Sadler explained that he has served on committees which dealt with alternative planning and policy development.
Stated that these committees have been advocates for flexible funds and supported the conservation land
development to make alternatives available.
Shaw suggested looking at ways to fund programs that are designed to reduce global warn~ing and in relation to the
whole transportation issue, which could help foster cities that are making attempts on alternative transportation.
Sadler explained that there is a tax credit offbred, for business that helps off set the cost of transit taxes and
businesses that are telecommuting. Also, this committee is participating in a proposal that is currently in the
legislature. The proposal is a transit system that relies on people offering trips through electronic system, and a
flexible parking program.
CONSENT AGENDA
I. Minutes of Boards, Commissions and Committees.
2. Monthly Departmental Reports.
3. Approval of Liquor License Application from Marc Rosenberg dba/Pangea & Splendid Fare
Catering.
4. Approval of Liquor License Application from Dana Keller dba/The Firefly Restaurant.
5. Approval of Quitclaim Deeds to Release Mark and Jini Danis and Jeffrey and Patricia Werlich from
Forest Street Improvement Requirements.
6. Approval of Water Impound and Irrigation System Easement for City of Ashland Parks and
Recreation Commission for Oak Knoll pond near Oak Knoll Municipal Golf Course.
Council requested that items #3, #4, #5.and ~16 be pulled and placed under New & Misc. Business.
Councilors Hauck/Fine m/s to approve item #1 and #2 of Consent Agenda. Voice Vote: All Ayes, motion
passed.
PUBLIC HEARINGS (None)
PUBLIC FORUM
Sophia McDonald/475 N Main #1/SOU Government update and introduction of new SOU class president
Elizabeth Fox.
Eric Navickas/711 Faith Ave/Gave brief presentation regarding expansion of Ski Ashland. Pointed out clear cut
areas, and where the existing wet lands are located and how expansion infiltrates into these areas. Noted areas that
may be of concern for landslides. Stated that the Forest Service is in the middle of changing maps of the area, and
is concerned with this. Felt that the proposed expansion is not about the need of beginner runs, but about expansion
of the ski area. Reported that he has collected close to 400 signatures of those that do not support expansion of Ski
Ashland.
Shaw explained how in the beginning when the expansion was brought forward that there were very strong
environmental groups involved. That there was an agreement made with the city, the Sierra Group and the Forest
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Service on this expansion plan. Explained that the community has taken over the management of Ski Ashland, and
while the city is the permit holder, Ski Ashland is leased out. Council takes a distance with this, just as the city
takes a distance with the Shakespeare Festival who also leases from the city. Commented that the EIS has not been
released and it would be premature and irresponsible to ask council to make any kind of decision. Also, that
council is not in a decision making role in this matter any longer because it has been leased out to another
organ ization.
Navickas stated that it is the responsibility of the city to take a stand against this because there are so many issues
that effect the city in erosion to our reservoirs and flood hazards.
Brent Thompson/PO Box 201/Suggested that council put onto the ballot, a revision of salary for Mayor and
cotlnciL feels that the voters should have the opportunity to adjust compensation.
Shaw commented that she feels it is important that the elected body needs to make a living in the community that
they serve. Stated that there is expense involved in serving as Mayor or council, and gave examples. Shaw stated
that now may be the time to revisit the city charter and look at a charter revision due to a number of things that may
be out of date.
Wheeldon suggested that councilors keep a log on how much time is spent on city business.
Laws stated that he viewed the time spent on this job as his contribution to the community. Laws feels that this job
should not become impossible to serve~ as it pertains to examples. Laws stated that he does not believe that the
solution is to pay a flat rate to council, but to reimburse for "real expenses," and believes this could be
accomplished under the current city charter.
UNFINISHED BUSINESS
(None)
NEW AND MISCELLANEOUS BUSINESS
1. Council Meeting Look Ahead.
Administrator Freeman noted the study session scheduled for the upcoming Thursday and adding a date to set for a
council workshop.
Councilor Fine questioned item #5 which is the LibraO' discussion and resolution to approve and set an election
datefi>r approving a bond issuance on 6/1/99. Fine felt that this presupposes that an amount of money is going to
be brought forward to council shortly before the 6/1/99 meeting. Feels that this is being done in unseemly haste,
and questions if this will allow enough time for council to digest the plan, allow for public input with discussion
and to assess whether this is the right amount of money to put forward to the voters. Fine is not sure whether
council will be able to fulfill the responsibility to assure that the community gets value for money if the plan is not
reviewed adequately.
Mayor Shaw explained that council gave the Friends of the Ashland Library direction and have been working with
the architects to bring forward to council a revised proposal.
Fine did not want to be obliged to give the proposal no more than 1-3 days consideration when it is a building that
the city will be using for the next century and a bond issue that the citizens will be paying off for the next twenty
years. Requested adequate time for council and public to consider the proposal.
Councilor Fine motion that the agenda for future council meetings be varied, and that the city administrator
be requested to reschedule the library discussion and approval of resolution to set an election date, so that
there can be more than 1-3 days to consider this matter.
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DISCUSSION: Fine clarified for council that they are being asked to approve a bond resolution on 6/1/99 and
commented on how it is typical for council to receive council packet information on agenda items 2-3 days prior to
the council meeting. Doesn't feel that this is a matter so trivial and inexpensive that council and the community
only have a chance to review it for at the most 3-5 days. Councilor Wheeldon asked if the material would be
available any sooner. Shaw explained that the material will be available the Thursday before 6/1/99, and asked that
this be looked at as, the beginning of a long process. Shaw feels it may a little premature to talk about "not talking"
about this and asked that council trust the process and allow this to come before the council as proposed.
Fine stated that he would be satisfied with having the motion and discussion occur on 6/1/99, but to entertain the
resolution at the following council meeting on 6/15/99 which would give the community an additional 14-20 days
to consider a multimillion dollar project.
Councilor Fine/Hanson m/s that council request the City Administrator to reschedule the resolution only,
not the motion and discussion from 6/1/99 to 6/15/99.
DISCUSSION: Councilor Wheeldon questioned what type of public meeting is held along with this. Shaw
explained that what is presented on the agenda is considered open to public input, and that aside from the previous
public meetings that had been held, the Library Committee will revisit the proposed plan. Shaw explained that the
architects took the charge of the council, which was to make the building smaller, make it fit on the site, and look at
the intersection.
Wheeldon again questioned if there is any kind of formal interaction scheduled with the public and the architects
prior to the 6/I/99 to allow for questions.
Shaw explained that the Library Committee does meet with the architects prior to 6/1/99 and that the public is
welcome to attend this meeting. Stated that the next election after June is November and will allow adequate time
for the community to review the proposal and that ultimately a vote is the largest public hearing you can hold.
t,aws reminded council of his concern regarding the timing as to when this should go before the public and does not
feel that any resolution has been reached, nor adequate discussion. Does not believe there is a need to set a
November election in June. Requests that time be allowed to give council and the community more time to
consider the proposal and have discussion.
Councilor Hauck stated that this is no different from what has been done in the past. That the motion has always
been listed for being acted upon at the same time that the resolution is proposed. Stated that this is the action that is
being proposed for approval and it centers the discussion. Prefers that council have a focus on a particular action
and that discussion centers around that action, does not see any reason to put this item off.
Wheeldon commented on how this relates to the Fire Station expansion, and does not want to make the same
mistake by not discussing this further.
Shaw explained that this would be a situation in November where the Fire Station goes out for vote, and no one to
run the election. Stated that in this particular election, there is a 30% return on the vote with a modest amount of
work being done, and that November is a 50% double majority election. Shaw stated that she is not available to run
a campaign in November, but the Friends of the Library are. If the council should choose, they could combine the
Fire Station with the Library and allow the Friends of Library to usher through the Fire Station. Explained that if
council does not move forward and give direction, there will be an opportunity lost along with loss of power as a
decision making body. Stated that council could put the Fire Station out to vote by itself and as a group work hard
to get 50% of the vote out so it would pass. Feels that there is opportunity to combine a very hard working group
with the Fire Station, and in terms of strategy. is a good combination.
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Shaw explained that the Friends of the Library need to have direction in knowing what the council wants to do, and
when the intention is to put this to a vote. Clarified that, after confirming with staff, the Fire Station will be ready
to go on to a vote in November.
Freeman explained that the city has hired an architect for the fire station and a plan has been put together. Expects
that a preliminary discussion with council will take place to discuss siting, standard of building, location of
building, and various issues brought up by council in early July or late June. Stated that the original architect was
hired and basic drawings have already been completed.
Laws feels confident that the Friends of the Ashland Library will still be able to support this proposal if delayed
until 6/15/99 to make decision.
Hanson stated that. not withstanding the Fire Station issue, that if the resolution is left on the 6/1/99 agenda the
council can take the same action as done before if they don't agree.
Fine asked if council has ever previously been asked to approve a $4-$8million Public Works project without
council or public having the opportunity to review drawings until four days beforehand. Shaw clarified that this has
happened in the past, used the $2 lmillion school bond as an example. Fine stated that this does not seem
responsible in terms of allowing community input or evaluating the project as a council. Shaw clarified again that
this is what the election is about.
Hauck stated that there has been discussion on this proposal and that what is being proposed is nothing other than a
revision of a current plan and should not be too technical to evaluate.
Roll Call: Fine, Laws, YES; Wheeldon, Hanson, Hauck, NO; Motion denied 3-2.
City Recorder clarified for council that item #10 on the look ahead regarding annual review for ambulance license is
a requirement by city ordinance.
2. Discussion regarding upcoming 30'h Anniversary Sister City visit to Guanajuato in
August/September 1999.
Administrator Freeman updated council on costs for the trip to Guanajuato. Round trip airfare is $438 from
Oakland/Leon, Mexico. Cost does not include $55 round trip bus from Oakland. Stated that a deposit of $50 needs
to be written out to Travel by Kim by May 25th.
3. Update and presentation regarding Y2k Water Plant test results.
Public Works Director Paula Brown reported that clocks were turned over to test the year 2000, and everything
tested positively. All primary systems work and the back up system will be in place.
4. Presentation regarding bicycle education.
Community Development Director John McLaughlin explained that in the Transportation Element there is a policy
that says to develop and implement a transportation safety education program under the goal of supporting and
encouraging increased level of walking and bicycling. Stated that this links back to the comprehensive plan and the
efli>rts of the community. Bicycle Transportation Alliance is the leading bicycle transportation advocate group
within Oregon. This group has been able to achieve funding from the Oregon Department of Transportation to set-
up a bike education program in middle schools. Noted the efforts of Maria Harris, associate planner in the office of
Community. Development, and how the city was able to partner with BTA on making Ashland one of the four
communities in Oregon to establish this program in our middle school. Through this program, other partnerships
have been started between the middle school, Southern Oregon University, and local bike shops. Introduced Scott
Bricker of the Bicycle Transportation Alliance, who is carrying on the education efforts with the middle school.
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Bricker gave presentation on a bike education program which links back to city transportation plan. Explained the
background on the grant process and how the program is being implemented. Explained that the program is
currently being implemented in the Ashland Middle School, and that additional funding is being sought to buy
equipment for this program. Program is a 10 hour curriculum as a driver (bicycle) education program, uses skill
techniques to prepare use of a bike in streets. Commented on the importance of the program because of the safety
element in regards to bicycle use. Noted that 11% of bicycle crashes are fatal to the 12-14 age group.
Bricker noted how the program supports environmental issues in regards to the greenhouse effect in that it promotes
altcmative modes of transportation and also supports physical exercise.
Shaw questioned why chain link fences are being placed in areas of the bike path, voiced concern for safety and the
feeling of being trapped. Public Works Director. Paula Brown explained that the portion of the bike path area that
is being fenced along the city property is a requirement by the railroad. Brown suggested looking at lighting
options for this area, which may be appropriate. and explained that the railroad has been adamant about the fence
because it so close to the tracks in that area. Brown will look into the possibility of providing exit routes from the
bike path.
Consent Agenda Items
#3. Approval of Liquor License Application from Marc Rosenberg dba/Pangea & Splendid
Fare Catering.
#4. Approval of Liquor License Application from Dana Keller dba/The Firefly Restaurant.
Councilor Fine questioned in general the form in which the liquor license is presented to council as being
recommended for approval. Stated that this is only a cursory action, as the State by statute preempt's local
responsibility. Commented on his experience as a walk-along with the central area police officer, and how they had
entered an establishment that had all but its liquor license revoked the previous evening due to serving minors.
Stated that this establishment had at the last council meeting, a recommendation by council to approve a liquor
license.
Fine recognizes that the state strictly restricts what the city can do, but would like to go on record and be frank with
the community. Suggests that council change format used and say that the city does not oppose approval for the
liquor license, only in so far as the city as determined that the applicant has complied with the city land use
requirements, obtained business license. and is registered as a restaurant. Fine does not want to recommend that a
liquor license be approved because it may seem that the council is vouching for the individuals that are running the
establishment. Stated that he would like council to say that they cannot oppose approval of liquor license given the
limited scope of authority by the city.
Fine clarified that Oregon Statute requires that council is to issue some kind of recommendation. City Attorney
Nolte explained to council that under the statute, the city can take the position of doing nothing. Stated that there is
a current ordinance that previously required extensive background checks, but due to duplication by OLCC, a
revision to the ordinance was recently approved. The ordinance was amended to use our ordinance as a way to
determine that the establishment is complying with local ordinances. Stated that if the direction of the council was
to do nothing, the ordinance could be repealed and OLCC would not use the city as a check point for approval.
Fine voiced concern over repealing the ordinance because there would be no way to check to see if establishment
was complying with local ordinances. Would like to suggest that council says that they don't oppose liquor license,
not that they recommend approval. and only don't oppose because determination has been made that establishment
has met criteria for compliance.
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Laws reminded council that the reason the last change was made to this ordinance, was because there was an
establishment in a residential area. Council changed the ordinance so that in the future these areas would not be
available to these types of use. As part of the enforcement of this ordinance, a review of compliance for city
ordinances was required by applicants, and has been used as a tool for enforcement
McLaughlin clarified for council that at the request of council, staff amended the land use ordinance for areas that
are in the periphery of the downtown, but are residential areas in commercial zones that could create conflicts.
Amendment made bars and nightclub conditional uses in these areas.
Shaw questioned whether the application could go through the check system of the Police Department and Planning
Department, but not through the council approval process. Police Chief Scott Fleuter added that when there is an
issue or problem with an establishment, OLCC is very good about listening to the city and working with the police
department. Hauck commented on not knowing what the councils role is in the process other than enforcement of
cit~ ordinances.
Nolte explained to council using an example of a new application and how City Recorder refers application to
ensure that the applicant for the license has complied with land use compatibility, obtained business license, and
registered as restaurant lbr tracking of food and beverage tax. Nolte will review the statute and bring back to
council, to see if council can be bypassed and have only an administrative check off.
City Recorder Christensen explained to council the procedure taken when applications are brought in by applicants
for approval. Noted that the application tbrm is provided by OLCC and does indicate an area that requests a
recommendation be granted or approved by city government. Fine suggested running off labels that could be
attached to form that stated council does not oppose approval, only in so far that the city has determined that
applicant complies with land use laws, business license and restaurant registration. Laws felt that this would not be
a recommendation.
Nolte will review statutory language to see if OLCC requires a recommendation along the lines of the form, or if
there is an alternative method of approval. Shaw requested staff to find out if council can get out of the business of
approving liquor licenses and, if not, then move to alternative language.
Approval of Quitclaim Deeds to Release Mark and Jini Danis and Jeffrey and Patricia
Werlich from Forest Street Improvement Requirements.
Councilor Wheeldon requested clarification on where Forest Street goes in the configuration of the map provided.
McLaughlin pointed out on the map the direction of the street for Wheeldon. Explained that there will be no cut
into Ashland Street, and that because of the frontage on the section, given the slope there will be new lots developed
and front onto the new Forest Street. McLaughlin stated that lot 1900 will also need to develop a plan that will
show it can also be adequately developed with the new street configuration.
Approval of Water Impound and Irrigation System Easement for City of Ashland Parks
and Recreation Commission for Oak Knoll Municipal Golf Course.
Mayor Shaw noted the past contention by the grantors regarding the pond and that at the end of irrigation season,
the pond is empty. Reminded council on how the owners had previously asked that the pond be filled one last time
before the season ends and not use the water. City Attorney Nolte clarified for council that the easement agreement
the council is being asked to approve does not have any guarantee included that this will happen. Nolte explained
that the easement is the result of negotiation. and that the grantors understand that this may be the case and that the
pond may not bc filled.
Councilors Wheeldon/Hanson m/s to approve Consent Agenda Items #3-#6. Voice vote: All AYES.
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ORDINANCES, RESOLUTIONS AND CONTRACTS
I. Reading by title only of "A Resolution of the City of Ashland, Oregon, authorizing the
reimbursement of expenditures with reimbursement bond proceeds."
Councilors Wheeldon/Fine m/s to approve Resolution #99-25. Roll Call Vote: Fine, Laws, Wheeldon,
Hanson, and Hauck; YES. Motion passed.
2. Reading by title only of "A Resolution transferring appropriations within the 1998-99 budget."
Councilors Hauck/Wheeldon m/s to approve Resolution #99-24. Roll Call Vote: Hanson, Laws, Fine,
Wheeldon, and Hauck; YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Wheeldon noted for council, that she will attending a forum hosted by Headwaters at Southern Oregon
[ lniversity on the Ski Ashland expansion. Wheeldon explained that she had been asked to speak and clarified that
she will inform the group about what has happened in the past, and what the city's involvement has been. Stated
that she is not going to the forum to represent a position on the part of the council. But, to inform individuals, if
there is lack of clarity, on what has happened so far.
Councilor Hanson noted that Liza Christian, who is one of the foremost speakers and experts on Y2K, has been
asked to go to Washington. D.C. to speak before the Senate Special Committee. Christian is one of only four
individuals in the country that have been asked to speak. Hanson noted that all expenses are the responsibility of
the participants and commented that any donations for expenses would be appreciated.
Councilor Wheeldon noted the upcoming joint meeting with the Parks & Recreation Commission, asked that City
Administrator Freeman look at dates to get something set. Wheeldon requested that minutes from the last meeting
be sent to council.
ADJOURNMENT
Meeting was adjourned at 9 p.m.
Barbara Christensen, City Recorder/Treasurer
Catherine M. Shaw, Mayor
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