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HomeMy WebLinkAbout1995-1107 REG MIN MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 7, 1995 CALLED TO ORDER Mayor Golden called the meeting to order at 7:00 p.m. , Civic Center Council Chambers. ROLL CALL Councilors Hauck, Hagen, Wheeldon and Thompson were present; Councilors Laws and Reid were absent. APPROVAL OF MINUTES The minutes of the Regular meeting of October 17, 1995 were approved with correction on page 5, New Business, paragraph 1, third sentence should read "in"elusive. SPECIAL PRESENTATIONS AND AWARDS 1. Recognition of Public Works Director Steve Hall for receipt of William A. Bowes Service Award from the American Public Works Association Oregon Chapter. 2. Presentation of Distinguished Budget Award from the Government Finance Officers Association (Presented by Joanne Stumpf, President-elect of O1VIFOA). 3. Proclamation declaring week of Nov. 19-25, 1995 "Lights for Life Week". Mayor Golden recognized Public Works Director Steve Hall for his Service Award and also noted that Mr. Hall was elected to the position of Region IX director position for APWA. President-elect of OMFOA Joanne Stumpf presented the City of Ashland GFOA's Distinguished Budget Presentation Award for its budget. Mayor Golden read proclamation declaring "Lights for Life Week" Nov. 19-25, 1995. CONSENT AGENDA 1. Minutes of Boards, Commitions and Committees. 2o Monthly Departmental Reports for September, 1995. 3. Confirmation of eight appointments to Ashland Housing Cornminion. 4. Financial report for quarter ending September 30, 1995. 5. Memo from Fire Chief Woodley regarding upcoming earthquake exercise on Monday, April 15, 1995. 6. Letter appealing denial of Planning Action No. 95-101 by Interfaith Care Community of Ashland. (Set public hearing for November 21, 1995.) Councilors Hauck/Hagen m/s approval of the Consent Agenda. Voice vote aH AYES. Motion passed. PUBLIC HEARJNGS 1. Request for amendment to Site Review Chapter (18.72) requiring the provision of recycling facilities for aH commercial and multi-family projects. (Applicant: City of Ashland) Planning Director John McLaughlin explained that this proposed amendment involves an amendment to the Site Design and Use Standards chapter 18.72 of the Land Use Ordinance requiting the provision of recycling facilities for all commercial and multi-family projects. Noted that the City has for many years been attaching conditions to the approval of these developments requiring that they install recycling facilities. This amendment would specifically require this condition and make the applicant aware at the time they apply. PUBLIC HEARING OPEN: 7:20 p.m. PUBLIC HEARING CLOSED: 7:21 p.m. Councilors Thompson/Hauck m/s placing request for amendment onto November 21, 1995 agenda for 1st reading of ordinance. Voice vote: aH AYES. Motion passed. e Request for an amendment to the Procedures Chapter of the Land Use Ordinance; reconciling other sections of the Land Use Ordinance and the Ashland Municipal Code to these amendment; amending the Variance criteria and other sections in the Land Use Ordinance; and repealing Resolutions 78-33 and 88-20. (Applicant: City of Ashland) Planning Director John McLaughlin explained that proposed amendment was mainly in the section regarding the appeals process. This was originally presented as the Planning Commission being the final decision of the City on most planning matters (Type I, Type II, and Type III's involving individual parcels). Larger zone changes, ordinance amendments, and annexations would still be decided on by the City Council after a recommendation was forwarded from the Planning Commission. The amended procedures provide opportunity for appeal on all planning actions from Type I on up to be appealed to the City Council. The Planning Commission would be the final decision maker on issues processed as Staff Permits. City Attorney Paul Nolte explained that a De novo hearing is one that is brand new. Which means starting from scratch and proving that every element required for the planning action be approved. If it is a heating on the record for a substantial evidence hearing, you only have to show that there is some evidence in the record that supports the conclusion made by the Planning Commission. A De novo heating would be brand new before the Council. 2 McLaughlin explained that in regards to appeals on the records, the appeals are limited to the item under appeal. There is opportunity for cross appeals if, once an appeal is filed then notice is mailed out. He feels that limiting items to the record provides a fair more justified process. Councilor Thompson voiced his concern over the removal of the De novo provision. He feels there are so few public hearings regarding appeals that it should be a De novo hearing and not based solely on the record. PUBLIC HEARING OPEN: 7:32 p.m. Cate Hartzell/881 E. Main/Requested that Council consider continuing Public Heating on this matter to next Council meeting. Questioned the limit on cross appeals and notice of appeals. Clarification on history of holding out information was made for Ms. Hartzell, it was explained that since incorporating more mediation with neighbors and developers there may not be a problem now. Questioned how the Planning Commission notifies of its meetings and how big the list of notices that the Planning Commission regularly sends out regarding its meetings. She feels that by keeping things just "on the record" it would eliminate new information. PUBLIC HEARING CONTINUED: Council agreed to continue open Public Hearing at next Council meeting November 21, 1995. PUBLIC FORUM Mark Brown/171 Church St./Presented letter from concerned neighbors regarding steep slopes and access problems. They believe these lead to design and engineering solutions that have negative impacts. Requests that for the few hillsides remaining to develop them in a manner that they can be proud of and put the Hillside Development Standards in place. Council invited concerned neighbors to the Council Study Session November 15, 1995 where staff would have the opportunity to report on this matter. Ron Tycer/2302 Stonebrook Drive, Medford/Responded on behalf of Mercy Flights on two issues discussed at the Fire Departments Strategic Planning. The first issue was regarding comments that Mercy Flights is in the business to capitalize on human suffering and to get all they can financially out of the community. Stated that to his knowledge this is the first time the company has received a negative comment from a public official with regards to how they operate and with regards to their ethics. 3 The second issue regarded comments on their business ethics that resting the ambulance service away from Ashland Fire Department was an unspeakable act. Outlined contact with Ashland Fire Chief Keith Woodley and subsequent negotiations with Ashland Life Support. Stated that Mercy Flights did not consider making an offer until the owner of ALS made it clear that he would not sell to the City of Ashland. Mayor Golden responded that Council would support staff and apologized if her comments suggested any disregard to the patient care level of Mercy Flights. Felt that because Mercy Flights was aware of the circumstances that surrounded the City of Ashland's desire to purchase Ashland Life Support, that was what prompted her comments. The comments made were not based on patient care. Felt that the taxpayers of Ashland will be the ones to pay for this service. Andrew Chester/6915 Rapp Lane,Talent/Presented proposed petition for Council endorsement to be presented to Governor Kitzhaber regarding old growth forest cuts. Council consensus to allow endorsement of petition. UNFINISHED BUSINESS 1. Memorandum on regulations governing excavations and archeological site preservation. Planning Director John McLaughlin presented memo with recommendation that the City walt until the new administration rules are adopted to provide guidance in the preparation of a local ordinance. Level of awareness for the public will be worked on, in the meantime such an occurrence should take place. Council agreed with staff recommendation. 2. Approval of quitclaim deed in Ashland Audubon Subdivision. City Attorney Paul Nolte requested clarification on Council action regarding quitclaim deed in Ashland Audubon Subdivision. The intent and purpose of the subdivision conditions have been met by the developers. It was clarified for Council that it is not the option of the developer to hold up the LID for Orange Street. Councilors Thompson/Hagen m/s approval of quitclaim deed. Voice vote: Thompson, Hagen, Wheeldon YES; Hauck NO. Motion passed 3-1. NEW AND M~SCELLANEOUS BUSINESS 1. Presentation by Kay Atwood regarding Ashland City Government History Project. Kay Atwood explained a project comprised of three Phases. Phase I; An overview of major aspects of City of Ashland governance from earliest years to present. Phase II; City Departments and City Buildings; a brief history of individual departments and buildings. Phase III; Manuscript Preparation/Photographs/Maps etc. It is hoped that if Council would accept this project, it would lead up to and be introduced for the 125th anniversary of the City of Ashland. Councilors Hauck/Hagen m/s to approve moving forward on this project. Voice vote: aH AYES. Motion passed. 2. Request to cut new pavement on North Mountain Avenue at Munson Drive. Public Works Director Steve Hall presented letter of request by Tom Giordano, Architect and Agent for the project. Hall stated that if this connection is not made for water, it would produce 2,100 feet of non- looped water mains. The head end of this is a six inch water main which is barely adequate for residential. It would provide a dead-end line, if there is a break or service need in that line it would mean everyone would be out of water. He strongly urged the Council to allow the connection of the water system because of public safety and fire protection. It is noted that the Fire Department strongly recommends the connection of Munson Drive to the proposed Ashland Village Subdivision and North Mountain Avenue. The connection will provide a more reliable fire flow for the currently developed Munson Drive while eliminating dead-end lines with potential sedimentation. Councilors Hauck/Hagen m/s to approve pavement cut on N. Mountain Avenue at Mumon Drive. RoB Call vote: Hauek, Hagen and Wheeldon YES; Thompson NO. Motion passed 3-1. ORDINANCES, RESOLUTIONS & CONTRACTS 1. Second reading by title only of "An Ordinance repealing the airport license fee by deleting Chapter 6.38 of the AMC." Councilors Hauck/Hagen m/s to approve second reading of Ordinance g2770. Roll eaB vote: Hauck, Hagen, Wheeldon and Thompson YES. Motion passed. F'wst reading of an Ordinance establishing standards for Emergency Medical Service delivery. Fire Chief Woodley Keith Wooalley clarified for Council, that there would be no budgetary changes by the proposed ordinance. It only puts into writing exactly what is currently in place and will not change budget needs for the Fire Department. Mayor explained that the history of dealing with private services has not been satisfactory and that because there is a change in ambulance service, now would be an opportunity to clarify issues that were not in writing. Council questioned what the alternative would be if private service could not meet the response time indicated in the proposed ordinance. It was explained that the proposed ordinance would put local supervision over the quality of emergency medical services regardless of who the provider is. Currently this supervision is provided by Jackson County Commissioners. Issues and complaints would come before the City Council instead of the County Commissioners. Ken Parsons/2936 Alder Street, Medford/Mercy Flights/Questioned who this ordinance would regulate. It was clarified that this ordinance would regulate whomever had the ASA. Presented Mercy Flight fact sheet for Council information. Spoke regarding total quality management and how everything is viewed as a process. Presented and commented on a five-step process which they recognize as evaluation for adding or changing current standards; Step 1: Question theoretical basis for proposed change; Step 2: Question whether solid human scientific research is available to support the change; Step 3: Question if proposed change is clinically important; Step 4: Question if change is practical, affordable and safe; Step 5: Question if the intended change successfully stands up to scrutiny under the preceding four steps, then make the change and carefully monitor the impact of the change of the system. Mercy Flights is pleased to have the City involved in the ambulance service and quality assurance process and do feel they should be held accountable. They would prefer that the current system be held intact referring to the County Ambulance Area Service Plans. They feel that this is the proper forum for quality assurance. Urged the Council to cooperate with the County Commissioners and address changes to the system and not to address the City of Ashland as a separate entity without realizing it will cause effects to rest of the County and the other citizens that go through this County. Stated that if the proposed ordinance is passed, it would be in violation of the ordinances that exist, unless it is done in the cooperation with the County ASA Plan and with the County Commissioners. Assured Council that Mercy Flights will provide better service than Ashland Life Support, welcome to be held accountable and look forward to working with the City of Ashland. Joe Eckhardt/108 Bush/Concerned as a licensed physician and urged Council to seek further consultation from emergency medical personnel and public input before making decision. Fire Chief Woodley and Fire Captain Walt Anders clarified for Council concerns brought forward by Mercy Flights regarding theoretical basis for the change. Woodley explained that there is documented facts for the basis of the proposed change. There is a computerized study of the current system and what has been provided in the past. Also, there was consultation with the City of Springfield in what they had been able to accomplish in the community with similar resources. Anders clarified that data from studies are based on the time when the care arrives which may not affect the time you leave in EMS service. Also stated that the rescue vehicles that the Fire Department uses are State licensed ambulances which meet all the criteria of what the State requires in ambulance care. Woodley stated that Mercy Flights proposed method of servicing the City indicated that they would not need the calculated response service of the City of Ashland Fire Department to determine their plans for servicing the ASA. Almquist pointed out that there would be no first response without the Ashland Fire Department. City Attorney Paul Nolte clarified for Council that the County Commissioners are required by State statute to divide the County into Ambulance Service Areas and to set standards for emergency services. The statutes also allow the cities to adopt more stringent requirements than what the statutes say must be those requirements or what the County may say the requirements are. The confusion is from another statute that says any ordinance that the City would adopt must be in compliance with the County plan. The reference is if you adopt more stringent standards it is not going to be in compliance with the County plan. The response to this would be that the statute clearly allows the City to adopt more stringent requirements. City Administrator Brian Almquist read ordinance in its entirety. Councilors Hauck/Hagen m/s to approve f'wst reading and place on agenda for second reading. Discussion: Clarification that response time is determined at the time the eaH for service is made; City of Ashland's Fire Chief is qualified to act as designee under the guidelines and responsibilities of the ordinance; Councilor Hauck stated that in aH other City of Ashland emergency services, the City has direct control of that service and has some role in how that service is delivered and the quality of the service. EMS is one of the areas that the City does not have control and feels the City should have some control because of the responsibility to the Citizens. Local control and quality of care is an issue to him. Voice vote: Wheeldon, Thompson, Hauck and Hagen YES. Motion passed. 7 Reading by title only of "A Resolution defining classifications of uses and occupancies for purposes of water and sewer rates." David Fadden/326 N Main/Presented to Council an attachment to the Amendment of the Rate Resolutions. States that from the classifications, the utility rates are not charged by cost of service or demand on the system, but upon the activity that is inside the building. Raised the issue to City Attorney Paul Nolte that this was not in line with Klicks case on municipalities and asked that he study the case further. This is what prompted the request for redefining classifications of uses and occupancies for purposes of water and sewer rates. City Attorney Paul Nolte stated that the resolution defines what is now in place as to what we include in the various classifications. The Klicks case is the basis for which the utility discount case was decided in the past before a federal judge. The case states that when the government delivers a commodity, there can be no distinction in rates unless that distinction is based on the cost of providing the service. This resolution does not do that, although the category for different rates are based on the differences in providing the commodity. Councilors Hauck/Thompson m/s to approve Resolution//95-27. Roll Call vote: Thompson, Wheeldon, Hauck and Hagen YES. Motion passed. Reading by title only of "A Resolution authorizing an interfund loan for the Community Development Block Grant Fund." Councilors Hauck/Wheeldon m/s to approve Resolution//95-28. Roll Call vote: Hauck, Thompson, Hagen and Wheeldon YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Hauck reported that the Southern Oregon Historical Association had internally recognized the need for a greater presence in Ashland and is moving forward and expanding on this. Clarification for Council that the public goal setting session is set for the December 5 Council meeting. ADJOURNMENT Meeting was adjourned, at 9:35 p.m. Barbara Christensen, Recorder Catherine M. Golden, Mayor 8