HomeMy WebLinkAbout1998-0421.REG.MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 21, 1998 PLEDGE OF ALLEGIANCE Mayor Shaw called the meeting to order at 7:05 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen, Wheeldon and DeBoer were present. APPROVAL OF MINUTES Councilor DeBoer requested that "but do not support tar dollars being spent for anything..." in the middle of the fourth paragraph on page 4 be deleted. The minutes of the regular meeting of April 7, 1998 were approved as amended. SPECIAL PRESENTATIONS & AWARDS 1. Presentation of James Ragland award to Marty Bryant. Mayor Shaw briefly explained the history of this Volunteer Spirit Community Service award, established in 1994 and named in memory of former Councilor and Planning Commissioner James Ragland, which recognizes the contribution of volunteers and encourages public service. Stated that Marty Bryant's work is done quietly, behind the scenes to help those in need and make the community better. Recognized Bryant's efforts in feeding the needy in Ashland, as well as his work to help after the flood. Marty Bryant noted that Caring Friends serves dinners Wednesday nights in Pioneer Hall, and emphasized the contributions of the nearly 150 volunteers who are involved in the program. Mayor Shaw noted that leaders with vision like Marty Bryant are greatly appreciated. 2. Presentation by U.S. Forest Service regarding the Watershed Protection Project (HAZRED). Linda Duffy, District Ranger for the Ashland Ranger District, spoke regarding the Ashland Watershed Interface Fire Hazard Reduction (HazRed) Project which is meant to reduce fire hazards, ensure .the safety of Ashland's water supply and protect long-term forest health. Presented a map which indicated hydrologic boundaries, fuel breaks, hazard reduction areas and fuel reduction work areas. Noted that she had presented Council with extensive information on the project, and would answer any questions they might have. Cited the relationship with the City as a major factor in the success of ongoing fire reduction efforts, and explained that the HazRed Project had changed to incorporate city suggestions. Councilor Reid asked Duffy to define the special designation "late successional reserve" used in the HazRed Project's reference to the watershed. Duffy explained that this is a term used for a land allocation in the Northwest Forest Plan developed by President Clinton, and refers to a network of lands allocated to existing old growth forests or forests which are intended to grow into old growth. Noted that the Ashland Watershed is a very critical late successional reserve as it connects the network of these lands in the Cascade and Siskiy0u Mountains of Oregon and California. Discussed how private lands affect fire hazard suppression efforts. Bill Rose of the Ashland Ranger District noted that there is multiple ownership of the lands in the Ashland Mine Road area, and explained that the Ranger District cannot dictate land management policies to private landowners, but can compensate for the potential hazard of ignition on private land with their fire hazard reduction efforts in cooperation with the City of Ashland. The work taking place has taken into account these factors, as well as historical fire patterns. City Council Meeting 04-21-98 Discussion of the lightning-started fires dealt with by Oregon State Dept. of Forestry last year. Rose noted that the number of acres burned on federal land last year was the lowest on record as it was a wet year. Discussed fixed wing aerial reconnaissance efforts and pre-suppression planning to deal with lightning strikes. Noted that there are statistics for lightning strikes at the Ashland Ranger District after each storm. Duffy briefly discussed the controversy around the issue of shaded fuel breaks. Explained that while some question the effectiveness of shaded fuel breaks, they are not intended to be stand alone items, and are placed to interrupt a fire's progress while allowing fire retardant application and providing access for fire fighters. Noted that another argument is that the forest canopy being opened leads to a loss of moisture and drying of fuel from the canopy. Duffy stated that it is worthwhile to connect the existing shaded fuel breaks, and that based on public input received more trees will be left when new fuel breaks are cut. Mayor Shaw noted that some of the concerns she had expressed were incorporated into the project plan and that overall it was a good job, emphasizing that the initial plan had been modified and made more stringent in preserving trees and minimizing road cuts in response to community concerns. Stressed the importance of preserving the safety of the City's water supply, and concluded that she was satisfied with how her requests had been handled by the Ranger District. 3. Presentation & Video regarding Healthy & Sustainable Communities Project. Councilor Laws introduced the video, briefly explaining the Rogue Valley Civic League's Healthy & Sustainable Communities Project for regional vision planning. Noted that meetings had been conducted to gather community member input in Jackson and Josephine counties. From these meetings, the Rogue Valley Civic League has created a "Blueprint for the Future" outlining policies and action steps to achieve the vision discussed. Noted that an open house and forum will be held from 6:30 to 9:00 p.m. on April 30th in SOU's Britt Ballroom to review the action steps that have been developed to work toward achieving the community vision identified in previous meetings. Emphasized that this would not be an attempt to create a vision, but to explain the action steps that had been arrived at to meet community-created vision. Encouraged viewers to attend, and asked council to consider adoption of the Project's "Blueprint for the Future" recommendations in some form into the planning process so that the City's efforts fit the regional vision. After the video, it was explained that the open house would deal with "How to Enhance the Small Town Character of Ashland", a theme chosen by a group of local students, councilors and business people. 4. Mayor's Proclamation declaring May 3 - 9, 1998, as "Land Use Planning Week." Mayor Shaw read the proclamation in its entirety. CONSENT AGENDA !. Mayor's appointments to Boards, Commissions and Committees. 2. Minutes of Boards, Commissions and Committees. 3. Monthly Departmental Reports - March, 1998. 4. Termination of easement on Lot 1 of University Terrace Subdivision. Councilor Reid asked that item #1 be pulled for discussion. Mayor Shaw stated that it would be dealt with as the third item under "New and Miscellaneous Business". Councilors Reid/Hagen m/s to accept the remainder of the consent agenda. Voice vote: All AYES. Motion passed. (A fifteen minute break was called for refreshments in honor of Marty Bryant, James Ragland award recipient.) City Council Meeting 04-21-98 2 PUBLIC HEARINGS None. PUBLIC FORUM Susan Hunt/220 Nutley St./Asked for information on the boards on which each of the elected official serves. Clarified that she was interested in City-related boards and any others on which the Mayor and Councilors might serve. It was explained that the board positions held by the Mayor and Councilors are listed on the City's internet homepage at "http://www.ashland.or.us". Councilors then stated their board affiliations as follows: Councilor Hauck noted that he is the liaison to the Housing Commission, the Historic Commission, and the Rogue Valley Council of Governments (RVCOG). Explained that he also sits on the Executive Board of Directors for RVCOG, and stated that he serves on the board of The Ashland Emergency Foodbank, and the Rogue Basin Coordinating Committee. Mayor Shaw noted that she is an ex-officio member of all City boards and commissions, and serves as liaison to the Hospital Board. Stated that her decision has been not to serve on boards for entities other than the City while she is in office. Councilor Reid noted that she serves on the Legislative Board of the League of Oregon Cities, and on the League's Energy Advisory Committee. She is Chair for the Jackson County Bear Creek Greenway Committee. Also noted that she is liaison to the Senior Program Board and the Forest Commission. Councilor Laws noted that he is liaison to both the Traffic Safety and Tree Commissions, and is a member of the Ad Hoc Communications Committee and the recently formed Ad-Hoc LID Committee. Councilor Hagen stated that he serves as liaison to the Conservation, Bicycle and SDC Commissions. Councilor Wheeldon noted that she is the liaison to Southern Oregon Regional Economic Development, Inc. (SOREDI), the Ashland Chamber of Commerce, and the Ashland Parks and Recreation Commission. Councilor DeBoer listed the boards on which he serves as follows: member of the Ad Hoc LID Committee, liaison to the Planning Commission, liaison the Airport Commission, member of the Board of Directors for the Oregon Automobile Dealers Association, member of the Attorney General's Committee for Rules & Regulations on Advertising, member of the Board of Directors for Ski Ashland, elected chair of the School Board, chair of the YMCA Fund Raising and member of the YMCA Building Committee, and liaison to the ODOT Rogue Valley Action Committee for Transportation (RVACT). UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Discussion of Ski Ashland's relationship with Ca!!ahan's Restaurant (Sign on Interstate 5). Councilor DeBoer disclosed that he is the president of Ski Ashland and has served on the Board of Directors for three years. Lucretia Smith/480 Mt. Ashland Ski Rd./Read letter to Ski Ashland from Dan Wessler for Residents & Property Owners of the Mt. Ashland Community. Opposed to Ski Ashland's contract with Callahan's Restaurant. City Council Meeting 04-21-98 Alfred Smith/480 Mt. Ashland Ski Rd./Stated that the Council has endorsed and must follow the Valdez Principles, and this billboard is counter to these principles. Marilyn Briggs/590 Glenview Dr./Gave brief history of the situation. Feels that relationship between Ski Ashland and Callahan's implies the City's endorsement of the illegal sign. Has spoken to the Vice President and the Marketing Director of Ski Ashland, written a letter to Council and is now before council. Noted that Planning Commissioners had received an article title "Litter on a Stick" which she in turn has distributed. Stated that State Representative Judy Uherbelau had provided information on upcoming legislation which may relate to this mater, explaining that the IRS Tax Code may be amended to allow taxation of 15% of gross income for outdoor advertising displays. Recognizes that City's jurisdiction does not cover the locale of the sign or the restaurant, but the City has a contract with Ski Ashland to run the mountain. Feels that with the City's lease requiring compliance with environmental laws, and the City's endorsement of the Valdez Principles, Ski Ashland must discontinue corporate sponsorship of Callahan's while the illegal billboard remains in place. Bob Taber/97 Scenic Dr./Urged Ski Ashland to cancel contract as Callahan's is in violation of the Oregon Motorist Information Act of 1971. Feels that violation was deliberate, and violations are frequent over the career of the sign builder. ODOT has issued citation and the violator has appealed which could allow the sign to remain up to five years during the appeals process. Complete disregard of citizens right to enjoy natural resources and what the 1971 Act tries to protect. Feels that it is deliberate, and the City cannot maintain a business relationship without appearing to condone this action. Asks that the contract be cancelled and that Ski Ashland separate from Callahan's. Susan Hunt/220 Nutley St./Supports those who are concerned about the City's connection, through Ski Ashland, to Callahan's. Robert Jones/2295 Tolman Cr. Rd./Noted that the Mayor has proclaimed Land Use Planning Week, and the council has viewed a video on preserving quality of life and shared values. Suggested acting in accordance with these professed values. Noted signbuilder's reputation for savaging highway beautification efforts in California as well as Oregon with illegal billboards. Council knows this is illegal, and must obey laws that they are elected to uphold. Stated that City would not allow an illegal sign on the Plaza, and it cannot condone an illegal sign outside the City. Asks that Councilor DeBoer disqualify himself from any decision made due to his serving as the President of Board of Directors of Ski Ashland. (Mayor Shaw clarified that a conflict of interest only pertains to someone being directly compensated monetarily, which DeBoer is not, and that even with a declared conflict of interest, a Councilor can continue to participate.) Loren Sawyer/585 Thornton Way/Member of Ski Ashland Board and willing to answer any of Councilor's questions. Noted that he is a retired judge, who has held the sign ordinance to be constitutional on two different occasions. Discussion of the financial link between Callahan's and Ski Ashland. Sawyer explained that about $5,000 from Callahan's is involved, that they sponsor Men's and Ladies' Days based on a marketing contract that was presented to the Board prior to the sign's going up. In further discussion on the nature of the agreement in question, Sawyer confirmed that it was an advertising/marketing agreement, where Callahan's sponsors certain ski days and pays for advertising, and Ski Ashland receives $5000 which is used for advertising. Those who present Ski Ashland tickets at Callahan's may receive special offers. Confirmed that the sign only says "Callahan's", and that the Board had entered into the agreement long before the sign went up. Sawyer stated that the Board takes no position and is not involved in determining the legality of the sign as it is currently an issue before the courts. Board feels that they cannot breach the contract, and that they have no legal recourse. A business cannot take action because an associate is in violation of the law. Ski Ashland cannot get involved in monitoring the legality of those vendors with which it has contracts. City Council Meeting 04-2 !-98 Councilor Reid questioned City Attorney Paul Nolte as to the City Council's relationship to the Ski Ashland Board, and whether council could be involved with the Board's activities. Nolte noted that there is a lease agreement with Ski Ashland, and that there is nothing in that lease that addresses a problem of this nature. For Council to address the matter, the lease would need to be modified, and as it now stands, the Council has no legal authority to act through the current lease. Nolte also stated that the lease's reference to environmental laws is intended to deal with prohibiting the use of hazardous substances. Councilor Reid suggested a boycott of Callahan's for those who oppose the sign. Feel that a decision on this matter is not in the Council's jurisdiction. Councilor Wheeldon questioned the remaining term of the contract. Sawyer responded that there was one year remaining, and noted that renewal of the contract has not been discussed. Councilor Hagen noted that damage is being done to Ski Ashland through the association with Callahan's. Feels that the violation is clear, and feels that there would be legal grounds to breach the contract due to a blatant violation of the law. Sawyer responded that two lawyers who serve on the Board feel that there is no legal basis to allow Ski Ashland out of the contract. Mayor Shaw suggested the possibility of buying out of the contract. Sawyer responded that an action of this sort would be irresponsible, and the Board does not care to breach the contract or take sides on the issue one way or another. Discussion of how the Board is elected within the Ski Ashland Association, and the term and conditions of the lease. Nolte stated that it is a twenty five year lease and the City cannot affect the lease with the Board unless that lease is violated. Councilor Hagen noted his concerns about the sign's potential for the future of Oregon. Stated that he appreciates the difficulty of the Board's position but feels that their association with Callahan's could threaten the financial well being of Ski Ashland. Feels that this agreement puts the revenue generating potential at a greater risk than the $5000 of the contract is worth. Discussion of the Board's taking no position, and thus no action, as a position in itself. Councilor Laws noted that Council has no jurisdiction and the legality of Ski Ashland taking action is questionable, and suggests that a letter to the Ski Ashland Board recommending that the contract with Callahan's not be renewed due to the sign would be more effective. Councilor Reid noted that Ski Ashland is seeking support of expansion from the community and from the Council, and emphasized that there are political ramifications involved in the Board's taking no action in this matter. Discussion of the skill of Callahan's and the sign company in maneuvering around the laws. Discussion of the timing of the sign's placement immediately after the signing of the agreement with Ski Ashland as intentional. Laws/Wheeldon m/s to direct staff to draft a letter to the Board of Directors of Ski Ashland stating the Councii's strong opposition to the renewal of the contract with Callahan's. Voice Vote: All AYES. Motion passed. Councilor Hauck requested that the City Attorney look into the wording in the proposed resolution presented to council by Marilyn Briggs to consider the possibility of its inclusion in future leases. city Council Meeting 04-21-98 Councilor DeBoer noted the diversity of the Board, and assured those present that close attention is paid to balancing views in the Board's appointment process. Emphasized that the Board is concerned over this issue, but their decision has been that two wrongs do not make a right, and Ski Ashland cannot back out of a legally binding contract and open the possibility of lawsuit. 2. Request from Ashland School District to Waive SDCs. Councilor DeBoer disclosed that he is an elected official with the School District and currently serves as their chair. City Administrator Mike Freeeman noted the School District's request, in the form of their resolution #98-03, had asked for an exemption from SDCs. Stated that it is the opinion of city staff that the Council should not entertain such a request. If the Council wishes to grant an exemption, Freeman asked that staff be directed to look into the matter, but stated that the Municipal Code does not allow for the exemption as it stands at this time. Noted that the School District's paying SDCs is appropriate, and that charges are levied in neighboring municipalities. Explained that other requests for exemptions from other governmental bodies and non-profit organizations have been declined, and noted concerns that granting an exemption would erode the City's ability, from a legal perspective, to charge these fees. John Daggett/Superintendent of Ashland School District/On behalf of School Board, noted that District had originally requested a waiver based on impact, but had decided to request an exemption as the City and the School District are the only two municipal governments fully-taxed that serve the community. Noted that SDCs are a prudent means of setting aside monies for the future, but asked that SDCs in this case be waived to allow the use of revenue for Ashland's kids now, not later for SDCs. Noted District's budgetary needs, and that this amount would be used elsewhere. Feels that the District is a unique entity, and that the City and District have a wonderful partnership and will continue to work together regardless of what is decided tonight. Ted Loftns/295 Beech St./Former School Board member. Against SDCs for the District as the money is vitally needed for classrooms, supplies or staff. The City charging SDCs to schools will have to be made up by taxpayers. One taxing district taxing another results in the taxpayers paying twice. Mayor Shaw noted that monies from the bond cannot be used for staff, they were for capital improvement on the bond issue that went before the voters. The funds are set by the bond for construction or equipment and could not be used for programs or staff. Could only use this money within the constraints of the bond issue as it was placed before the voters. Daggett noted that the money could be used for capital infrastructure such as new roofs, computers, playgrounds, buildings, athletic fields. Discussion of SDCs being looked at as growth paying for itself or for the development of systems to deal with needs. It was noted that if improvements are not paid up front, the money will not be there, the improvements will not be carried out, and the environment will suffer. Building improvements necessitate money up front to provide system improvements to address eventual impacts. Councilor Reid noted comments she had heard from citizens, including proportioning SDCs to deal with the number of district members who live outside the city limits. Mayor Shaw noted that district voters out of city are paying as they voted. Discussion of possibility of School Districts receiving SDCs, noting the Oregon Homebuilders' Association opposition to this idea beginning with legislation years ago. Explained that the opposition was based on the fact that schools are not a direct part of city infrastructure and thus cannot be considered in a city's planning for future growth. Noted Ashland's efforts to get money to schools through Parks and Recreation programs. City Council Meeting 04-21-98 Councilor Laws made note of the difficult, intertwined issues involved. Has supported SDCs since their inception to force growth to pay for itself, and emphasized that this is not double taxation. Is not convinced that the school's growth is creating an impact. Would like SDC Committee to continue to look at the issue, so development that costs the city would be paid for. Noted the need to reexamine SDC methodology, but questioned choices available at the present. Would like to see proportional charges for those living outside the school district. It was noted that questions being raised are considered in the SDC policy. While the School District may not be adding to the population now, they will have an impact down the road. Noted hopes that the SDC Committee could take schools in under the umbrella of other SDCs that are currently state allowed, so that SDCs would pay for school services overall and not be charged to the schools. Suggested that work be done to get around Oregon Homebuilders' Association opposition in the Legislature. Councilor DeBoer stated that he hasn't heard from anyone opposed to this waiver, and stated that he feels it is clear that there is no impact. Noted that low flow toilets were being installed, and that the storm drains are outside the city limits or, where within the city, have already paid for by the District. Noted that School District is not being charged SDCs for Parks or Transportation. Stated that he believes legislation will address applying SDCs to schools in the next legislative session. Emphasized that student count will not be increased. Noted history of requesting waiver of these charges, and stated that a $100,000 change order had been required to comply with codes. Stated that he would like to look at modifying the $DC ordinance. Mayor Shaw noted her concern over Councilor Laws' statement that schools do not create growth, explaining that people will relocate for a community's school system, and this enlargement will directly enable growth. Also noted that although there is no direct connection between business and growth, businesses are charged SDCs. Explained that children who are in schools now would have to pay for improvements later if the SDCs are not charged now. Emphasized that SDCs were known up front and budgeted for in the bond issue. Suggested caution in considering this exemption, noting the difficulty in saying there is no growth predicted for the schools when the improvements being made are to deal with overcrowding. Discussion of whether parking lots are to be paved. It was noted that the new lots will be paved, and the existing ones will remain as they are. Director of Community Development John McLaughlin noted that the parking lots required to be paved under the ordinance are being paved, but that the City cannot require pavement beyond the requirements of the ordinance. Discussion of what had been done to reduce SDCs to the School District. McLaughlin explained that Transportation SDCs were waived because the primary transportation involved was in the form of buses. Councilor Reid asked City Attorney Nolte whether more could be done. Nolte stated that Council could amend the relevant ordinances, but that this could not be done at tonight's meeting. Nolte confirmed that Council would need to amend the ordinance to grant this exemption. It was noted that the City charges SDCs to itself, and would have to go forth under state law to proceed with changing the ordinance. Questioned ability to give credits to mitigate cost impacts of improvements, and whether the School District had been given maximum number of credits possible. McLaughlin noted that credit issuing had been done as is standard, for the swapping out of old fixtures, removing impervious area and replacing with buildings. Stated that no extra steps had been taken, but the School District had received the same consideration as any applicant. Reid questioned whether the low-income/elderly waiver could be applied in proportion to the number of low-income and elderly people residing within the District. Mayor Shaw noted the situations o1' other schools in neighboring cities. Raised the issue of "payment in kind" as applied in Medford where the School District had paid to build a street rather than paying SDCs. Discussion of whether credits had been granted for the District's installation of the Mountain Avenue storm drain system. City Council Meeting 04-21-98 Councilor Hagen noted that while the toilets are low flow, this should not exempt the District from Sewer System SDCs. Charges must address impacts and not focus on other factors, such as the use of building. Stated that the current SDC methodology is the best that could be done. Urged community members and School District representatives to serve on the committee to help improve the methodology. Discussion of whether the schools being included in SDCs would increase SDCs or reduce amount that went to other infrastructure. Noted the fact that the Parks Department is charged SDCs which are paid with money from a bond issue. Councilor Laws suggested ending the discussion with the agreement that while Council cannot take action on the School District's request, they are referring the SDC issue to committee for revisions to be considered. Staff was also directed to continue to look at possible credits for the School District. Councilor Hauck requested that he be provided with the information mentioned in the packet concerning the City of Medford's policy for council waiver of SDCs. Discussion of City Council attempting to influence legislation on this issue. Clarified that SDC methodology should be reviewed at the next SDC meeting and a letter should be drafted to legislators on the issue. 3. Mayor's appointments to Boards, Commissions and Committees. Councilor Reid questioned why the "first elected date" included for other boards and commissions did not apply to the Band Board. It was explained that it was not included as the Band Board is not strictly speaking a board, but an advisory board as in the Ashland Municipal Code the Band Board consists of three members of the City Council. Councilors Reid/Laws m/s approve the Mayor's appointments. Councilors Laws/Reid m/s to amend the motion to make the City Recorder an ex-officio member of the Audit Commission. Voice vote: All AYES. Motion passed. Mayor Shaw requested that staff bring back appropriate language to change Resolution #95-24 relative to the City Recorder's membership on the Audit Commission. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading of "An Ordinance to Correct a Clerical Error in Ashland Municipal Code Section 18.76.060.B to Correct An Erroneous Cross Reference from Section 18.76.060.L to Section 18.76.060.K." City Attorney Paul Nolte read the ordinance in its entirety, and clarified that flag drive length is dealt with elsewhere in the Ashland Municipal Code. The ordinance proposed is only to correct a clerical error in this particular section of the Code. Councilors Hauck/Hagen m/s to move the ordinance to a second reading. Roll call vote: DeBoer, Wheeldon, Hauck, Laws, Reid, and Hagen: All YES. Motion passed. First reading of "An Ordinance to Amend Ashland Municipal Code Section 2.28.190 to Change the Reference from District Judge to Circuit Court Judge to Reflect the Consolidation of the State Circuit and District Courts." Councilors Reid/DeBoer m/s to move the ordinance to a second reading. Roll call vote: Wheeldon, Reid, Hauck, Hagen, DeBoer, and Laws: All YES. Motion passed. City Council Meeting 04-21-98 OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Wheeldon announced that her office hours will be changing to the Monday before the first council meeting each month, from 8:30 a.m. to 10:30 a.m. It was announced that the City Council study session scheduled for Wednesday, April 22 was cancelled and a special study session was scheduled to discuss the Electric Department's Cost-of-Service Study on Wednesday, May 6th, at 1:00 p.m. It was also noted that until further notice City Council study sessions will be held at 1:00 p.m., rather than 12:30 p.m., on the Wednesday following the second City Council meeting each month. ADJOURNMENT The meeti~ was adjourned a~7 p.m. Barbara Christensen, City Recorder Catherine M. Sha~v, Mayor City Council Meeting 04-21-98