HomeMy WebLinkAbout2004-0921 MINASHLAND CITY COUNCIL MEETING
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
September 21, 2004 -- 7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
SEPTEMBER 21,2004
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CALL TO ORDER
Mayor DeBoer called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Laws, Amarotico, Hartzell, Jackson, Morrison and Heam were present.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of September 7, 2004 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Proclamation of October, 2004 as Disability Employment Awareness Month was read aloud by Councilor
Jackson.
Announcement in Memory of Ken Hagen was read aloud by Mayor DeBoer.
Mayor DeBoer also noted that Wednesday, September 22 was Car Free Day and urged the citizens of Ashland
to participate.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
Councilor Morrison/Jackson m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS (None)
PUBLIC FORUM
Tracy Bungay/334 Bridge Street/Spoke regarding Car Free Day. Ms. Bungay stated there will be a free
bike clinic in the Plaza and they will be distributing free water bottles and snacks. In addition, there will be
an open house at Front Street Station and RVTD will be free valley wide.
Art Bullock/791 Glendower/Presented a presentation on textured crosswalks and explainer[ that they could
be difficult for drivers to see. Mr. Bullock presented various examples of textured crosswalks to demonstrate
their lack of visibility. He also noted that the paint on textured crosswalks would fade over time and the
crosswalks would create maintenance problems. In addition, he commented that the textured crosswalks were
hard on wheelchair users.
Robert Owens/67 ~ Al[da Street/Spoke regarding the Mt. Ashland Expansion. Mr. Owens thanked the
Mayor and Council and stated that he trusted our land use managers to handle the expansic,n.
UNFINISHED BUSINESS
1. Reading by title only of "A Resolution of the City Council of the City of Ashland Reiterating its
Policy of Relating the Expenditure of Monies for Economic and Cultural Devel[opment to the
Hotel/Motel (Transient Occupancy) Tax and Repealing Resolution 2004-11."
Management Analyst Ann Seltzer introduced Public Arts Commissioner Bruce Bayard. Ms. Seltzer explained
that the Economic and Cultural Development Subcommittee had not allocated all of the TOT funds and that
the Public Arts Commission has requested that these funds be dedicated to them for the acquisition,
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installation and maintenance of public art. In order to do this, an amendment to Resolution 2004-11 was
necessary, which would allow the Public Arts Commission to receive funds and compete for future TOT
funds. Adopting the new resolution would illustrate the City's support for the Public Arts Commission and
would allow them to leverage additional funding. Staff recommended a modification of the resolution to
allow the Public Arts Commission to be a recipient of the TOT funds, and recommended that the Council
allocate the remaining TOT funds ($5,925) to the Public Arts Commission. Ms. Seltzer stated the charge of
the commission directly met the requirements of the resolution for cultural development.
Jennifer Longshore/2388 Abbott Ave/Requested that the Council approve the proposed resolution and
allocate the funds to the Public Arts Commission. Ms. Longshore stated the Commission needed funding in
order to move forward, and noted that public art is free to everyone and enhances the corrartunity.
Ann DiSalvo/621 A Street/Urged the Council to make the TOT funds available to the Public Arts
Commission. Ms. DiSalvo stated that public art was a direct and visible indicator of cultural development
and felt that it was important for the City to show support for the Public Arts Commission. She also stated
that the TOT funds were an appropriate use for this effort.
Bryan Holley/324 Liberty Street/Stated the Public Arts Commission was only asking for a small portion
of funds and that the City should support the Commission they created. Mr. Holley explained that this was
a one time allocation and that the Commission was not requesting perpetual funding.
Joyce Epstein/1094 Linda Ave/Stated she was a public advocate for the arts and noted her involvement with
the community. Ms. Epstein noted that she attends Chamber of Commerce meetings to speak about public
art and stated that Ashland has a reputation as an arts community. Ms. Epstein respectfully requested that
the Council approve the proposed resolution and dedicate the remaining TOT funds to the Public Arts
Commission.
Jim Young/Il02 Holton Road/Stated he was the Chair of the Lithia Arts Guild and voiced his support for
the resolution modification. Mr. Young explained that public art allows people to explore different ideas and
provides a new way of looking at things. He stated that public art is culturally significant arid is free for all
to use and enjoy.
Melissa Markell/518 Oak Street/Voiced support for modifying the resolution and allocating the funds to
the Public Arts Commission. Ms. Markell stated she supported funding for public art and believed that the
Commission should be granted the TOT money. She also stated she would like to see public art funding as
a line item in the budget.
Sharon Dvora/1050 Clay Street/Stated she had served on the Public Arts Commission and was also an art
educator at the public schools. Ms. Dvora voiced support for allocating the remaining TOT funds to the
Public Arts Commission and felt that the Commissions' charge fit perfectly into the Economic and Cultural
Development goals. She stated that denying the Commission's request would send a negative message to the
funding agencies, the public and the commissioners. Ms. Dvora stated she would like to :see funding for
public art as a line item in the budget and felt that the Commission deserved a larger sum of money on a more
regular basis.
David Bjurstrom/140 Union Street/Stated he was President of the Ashland Gallery Association and stated
that approving this request would have a positive impact on the community. Mr. Bjurstrorrt explained that
public art was a way to make Ashland more visible to the arts community and would have a positive
economic impact on the City. He also stated that allocating the remaining TOT funds to the Public Arts
Commission would allow them to leverage additional funding. Mr. Bjurstrom urged the Council to approve
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the Commission's request.
Russ Silbiger/562 Ray Lane/Stated he did not object to giving the Public Arts Commission :money, but felt
it was best to allocate money out of the General Fund and recommended that the Council not change the
resolution. If Council does decide to modify the resolution, Mr. Silbiger suggested that they allow the other
city commissions to compete for funding as well.
Mary Gardiner/329 Orange Ave/Stated she was the Director of the Schneider Museum and voiced support
for allocating the TOT funds to the Public Arts Commission. Ms. Gardiner stated it was irttportant for the
Commission to demonstrate that they had local support in order to obtain future funding. She stated she
supported a line item in the budget for public art and felt that the TOT funds should be given to the
Commission to support their efforts.
Bruce Bayard/621 A Street/Stated he was a Public Arts Commissioner as well as a member of the Ashland
Gallery Association. Mr. Bayard stated there was no stipulation to not ask the City for money when the
Public Arts Commission was established. He stated the Commission fulfills the general guidelines for a
Cultural and Economic Development Grant and noted that the Commission was also seeking fimds from other
sources.
Council noted there was a provision in the ordinance that stated the grantee of a Economic and Cultural
Development grant should not be a governmental agency. Council commented that when the group of
citizens approached the Council and asked them to form the Public Arts Commission, they said nothing about
requiring City funding. Council discussed who should be responsible for selecting the placement and design
of the public art. It was noted that because the art would be placed in a public right-of-way, it was important
to ensure that the artwork was not offensive.
Ms. Seltzer clarified the Commission had been developing a Policies and Procedures Guidelines that would
address many of the Council's concerns. It was also clarified that separate RFPs would go out for each
identified space with particular criteria for each piece of art. From there a jury would review all of the
designs and recommend one proposal that would then go back to the governing body for final[ approval. Ms.
Seltzer added that the money for the art would not be expended until the project had been approved.
Council discussed whether is was fair to modify the resolution to only allow one of the commissions to
compete for funds and whether it would be more appropriate to provide funding for public mX through a line
item in the budget. Comment was made that there were many ways to define culture and t]hat some of the
other commissions were also performing activities that would fall under the purpose of an Economic and
Cultural Development Grant. It was suggested that the Council not override the decisions made by the
Economic and Cultural Development Subcommittee. Request was make to have the Public Arts Commission
provide additional information on how they planned on attaining long term funding. Comment was made that
the Parks Commission should be involved, especially since some of the art would be placed on park land.
It was noted that if the City approved the Commission's request, it would not require Staff or Council to
provide any future funding.
Councilor Hartzell motioned for Staff to allocate $5900.00 from the General Fund to the Public Arts
Commission and have the Public Arts Commission return to the Council with a recommended strategy
for long term funding. Motion died due to lack of a second.
It was mentioned that the Public Arts Commission was unique from the other City commissions in that the
Public Arts Commission's charge fit perfectly into the objectives of the Economic and Cultural Development
guidelines.
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Councilor Jackson/Amarotico m/s to approve Resolution//2004-32. DISCUSSION: Comment was made
that the Public Arts Commission should have a specific department within the City that they are required to
report to. It was clarified that the Administrative Department, with Ann Seltzer as the Staff? person would
oversee the Commission. Roll Call Vote: Councilor Amarotico, Jackson, Morrison and Itearn, Yes.
Councilor Laws and ltartzell, No. Motion Passed 4-2.
Councilor Jackson/Amarotico m/s to allocate the remaining $5,925.00 from the Economic and Cultural
Development fund to the Public Arts Commission for the development of public art in Ashland.
DISCUSSION: It was clarified that this motion would not require the Economic and Cultural Development
Subcommittee to reconvene and was a strait allocation to the Public Arts Commission. Roll Call Vote:
Councilor Amarotico, Jackson, Morrison and Hearn, Yes. Councilor Laws and Hartze]ll, No. Motion
Passed 4-2.
Mayor DeBoer noted that the Lithia Arts Guild had an unexpected expense for their work at the Briscoe
School and that donations could be sent to the City of Ashland, care of Lithia Arts Guild.
2. Discussion of Request for Proposals for the Development of Affordable Housing above downtown
City-owned Public Parking Lots.
Community Development Director John McLaughlin noted that the Staff Memo addressed the issues raised
at the last meeting and provided options for the Council to consider. Staff is looking for Council's decision
as to how they would like to proceed on this project. Mr. McLaughlin stated that maintaining some flexibility
in the RFP would allow for a broader range of proposals to choose from. Affordable Housing Specialist
Brand0n Goldman added that the Housing Commission had recommended that the Council maintain a greater
degree of flexibility in the RFP.
Allan Sandier/1260 Prospect/Stated that Staff had done a great job with the RFP and felt that a working
agreement between private money and the City could be reached. Mr. Sandler explained that he had agreed
to develop this project as a test and to see ifa project like this would be acceptable to the Ashland residents.
Mr. Sandler stated it was important to prove that affordable housing could be just as attractive as the other
downtown structures and it needed to be designed so that the tenants would honor and appreciate the units.
He stated the RFP should only reflect the 60% median income, which would work well with the State and
Federal Guidelines for tax credits. Mr. Sandler stated the affordable housing tenants should ,,;hare the public
parking, and that no parking should be set aside for one group of people. He stated the units should be rented
and not owned, so that the City could regain ownership later down the road. Mr. Sandler stated the timeframe
should be set for 20-30 years because of the way the tax credits worked. Mr. Sandler noted he had worked
out a formula which would be noted on his RFP proposal.
Robert Owens/67 ~ Alida St/Stated that all RFP's should be ceased until the Big Box Ordinance was
revisited and until the City has had the opportunity to look into dense and sustainable deve][opments in the
downtown area. Mr. Owens stated that he does not think the City would be able to accommodate the desires
of the residents until they can provide more housing in the downtown area than the current statute allows.
Mr. Owens stated the types of proposals being considered would mn their useful life quickly and that the City
would be left with an inability to house the people of Ashland. Mr. Owens voiced support for increasing the
amount of rental units available in the downtown area.
Mr. Sandier noted that the larger developments as mentioned by Mr. Owens tend to look like tenements and
it would be better to have smaller units in various locations.
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Megan Mitchell/601 N. Mountaiu'Ave/Spoke regarding the parking crisis in downtow~ Ashland. Ms.
Mitchell stated the proposed project would further hamper the ability to park in that area. She suggested that
before the City committed to using its valuable parking resource in a housing experiment, ~they should first
complete the DowntoWn Plan. She stated that utilizing the Lithia Parking Lot for affordable housing should
be the City's last resort. Ms. Mitchell asked the Council to consider the impacts this proposal would have on
the Railroad District. She also noted the new Jasmine Building that has been built on Lithia Way, which
would also create a demand for parking.
Mr. McLaughlin agreed that parking was an issue in the downtown area and stated that Staffhad taken this
into consideration. He noted that it was Staff's goal to maintain the spaces in the parking lot and to build the
affordable housing above the lot. He explained that overall, residential and commercial parldng needs could
exist together because they tend to peak at different times.
Mr. Goldman stated it was difficult to determine exactly how many cars and drivers each household would
contain. He added that the idea of mixed use developments had to do with offsetting the parking needs. Mr.
Goldman explained that at 8 a.m. the occupancy rate for parking in the proposed area was less than 20% and
increased to 85% during the day largely from tourists and people coming to shop and work. However the
occupancy rate dropped back down in the evening and there were parking spaces available at night. Mr.
Goldman noted that the current zoning requirements do not require housing to provide parking spaces for
residential uses, and this was done specifically to encourage housing in the downtown area.
Mr. McLaughlin stated that Ashland's housing needs should not be compared with the policies used in
Portland, as they are very different. He also clarified that the Council could determine the number of units
they would like and state that in the RFP.
Mayor DeBoer stated that this was a great opportunity for the City of Ashland and would like to move forward
with this project. He noted that if parking was an important factor to a tenant, than they would not likely want
to live in the proposed units. Regarding the RFP, Mayor DeBoer stated he would remove the option to
purchase the units and maximize the number of units built.
Councilor Jackson/Morrison m/s to approve the issuance of an RFP for rental units above the Lithia
Lot; Level of affordability at 80% AMI at the minimum, a range of lower incomes is encouraged, the
term of affordability be 40 years, with a minimal loss of parking spaces. DISCUSSIONMr. McLaughlin
noted there could be a loss of one or two spaces. City Attorney Mike Franell clarified that at the end of the
40 year period, the entire structure and air rights would revert back to the City. Mr. Goldgnan clarified the
level of affordabilitywould be targeted at 80% AMI or less. He also clarified that at the end of the determined
term, the structure would revert back to the City and the Council would be able to set the level of affordability.
It was also clarified that Staff would be able to deal with the management of the property through the lease.
Concern was expressed that Staff needed to ensure that the proposals reflect that they have adequate funding
sources to complete and maintain the building. It was noted that the RFP would be reviewed by the City
Attorney before it is sent out. Voice Vote: Councilor Laws, Amarotico, Jackson, Morrison and Hearn,
Yes. Councilor Hartzell, No. Motion passed 5-1.
3. Summary of Council Goals for FY 2004-2005 and timeline.
Postponed to a future meeting due to time constraints.
NEW AND MISCELLANEOUS BUSINESS
1. Ashland Community Wildfire Protection Plan.
Fire ChiefKeith Woodley introduced the Chair of the Forest Lands Commission Steve Jensen, Forest Grant
Work Coordinator Chris Chambers, contracted Forester Consultant Marty Main, andDarren Borgias from
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Nature Conservatory. Mr. Woodley explained that the Ashland Community Wildfire Protection Plan (CWPP)
was the community alternative for the Ashland Forest Resiliency Project and would be submitted to the Forest
Service. It was noted that the Plan was still in development and they were still receiving community input and
reviewing some of the assumptions contained in the Plan. This review process would continue up until the
time it is submitted to the Forest Service, and it is their hope that the CWPP would continue to evolve through
the implementation phase.
Steve Jensen stated that over 900 volunteer hours were spend creating the CWPP and thanked those involved
for sharing their expertise and volunteering their time. He noted that Chapter 8 of the.. Plan offered a
significant community management alternative to the US Forest Service for major restoration work done in
the Ashland Watershed. Mr. Jensen stated the Forest Lands Commission had unanimously recommended that
the City Council endorse the entire CWPP. He noted that this would not be the final word from the City and
that the Plan was a living document that would undergo constant adaptation. He noted that the CWPP would
cement the City's role in the continuing work regarding the watershed.
Chris Chambers briefly explained the contents of the 10 chapters of the CWPP. He explained that the three
basic things required of a Community Wildfire Protection Plan were: 1) Collaboration, 2) Prioritized Fuels
Reduction, and 3) Treatment of Structural Igniteability. Mr. Chambers noted that the CiE/has had a long
history of wildfire management and awareness. He noted that each chapter of the CWPP contained an action
summary and noted that the Plan was intended to be reviewed at least twice a year by the Forest Lands
Commission. Mr. Chambers added that the Plan was meant to be reviewable, accountable to the public, and
would keep the City Council up to date.
Marty Main mentioned that the group was only given four months to complete the CWPP. I-lc explained that
their three objectives in the Plan were: 1) Forest Health, 2) Municipal Water Supply, and 3) Reduce the.
likelihood and severity of a wildfire. He commented that some of the objectives conflicted with each other and
also noted that they had to rely on data provided by the US Forest Service, which was a concern. Mr. Main
displayed the treatment areas by category and priority and briefly explained each one to the Council. (see page
16 of the CWPP)
Darren Borgias stated he was the Southwestern Oregon Stewardship Ecologist for the Nature Conservancy
and was also a citizen of Ashland. He stated the Nature Conservancy was dedicated to the protection of bio-
diversity. He also noted that the Siskiyou Crest site, which includes the Ashland Watershed, was one of the
most critical sites for the conservation of bio-diversity in the entire Klamath Mountain eeo-region. He stated
the Nature Conservancy was very supportive of what the City had done to preserve the conservation of the
bio-diversity. He stated the citizen's alternative was a highly informative statement of the agreements that the
community had and that the City should feel confident in supporting this proposal. Mr. Borgias briefly
explained how the proposal came together, stating the community approach was to start with the areas they
were most concerned about. Mr. Borgias presented various slides displaying the affected area and displayed
where the CWPP proposes the fuel breaks. He noted that the CWPP works from both an ecological
perspective and from a fire protection perspective.
Councilor Hartzell/Laws m/s to extend meeting to 10:30 p.m. Voice Vote: all AYES. Motion passed.
Mr. Borgais clarified that one of the ways the CWPP was different from the Forest Service,' Plan was that it
focused on thinning the smaller diameter materials.
Tonya Graham/418 Lit Way/Executive Director of Headwater/Stated that Headwaters had worked with
this team and was very impressed with the work they had done. She noted that the CWPP would need some
final edits before its submission to the Forest Service, but that this should not be a problem. She also stated
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that they would clarify the necessary pieces and ensure that what the community provided to the Forest
Service was clear and concise.
Eric Navickas/711 Faith Ave/Presented a diagram of what the Forest Service was proposing in their
preferred plan. Mr. Navickas noted the City has historically taken the position of supporting prescribed fire
as a means to handle fire management and noted the 1929 agreement with the Forest Service. He explained
that the Forest Service's plan would remove a significant portion of the canopy closure, which would dry out
the site and create a higher oxygen to fuel ratio in the event of a forest fire. Mr. Navickas stated the best
treatment for fire protection was to maintain a closed canopy with minimal understory. He also voiced
support for non-commercial work only.
It was noted that the watershed would need to have natural wildfires in order to reach it's full bio-diversity
potential.
Councilor Hartzell/Morrison m/s to accept the Ashland Community Wildfire Protection Plan in
concept. DISCUSSION: Fire ChiefKeith Woodley assured the Council that he was comfortable with the
proposed plan. He noted that as additional data was gathered and analyzed there would be further
developments and enhancements to the Plan. Voice Vote: All AYES. Motion Passed.
2. Designation of Voting Delegate for NLC Meeting.
Councilor Morrison/Jackson m/s to designate the councilor that signs up first and second as the voting
delegate and alternative for the NLC Meeting. Voice Vote: all AYES. Motion Passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS (None)
OTHER BUSINESS FROM COUNCIL MEMBERS
1. Request from Councilor Cate Hartzell for adoption of "A Resolution Opposing State Initiative
Ballot Measure 37."
Mayor DeBoer and the entire Council voiced their full support for the proposed resolution. Il: was noted that
Measure 37 was very misleading and could possibly bankrupt the State. It was also noted that the citizens
needed to fully understand what they are approving if they vote in support of this Measure.
Pam Vavra/2800 Dead Indian Memorial Rd/Applauded Councilor Hartzell for bringing thiis issue forward
and voiced support for the proposed resolution. Ms. Vavra stated that the Council was providing a tremendous
service to the citizens by making them aware of this issue.
Councilor Hartzell/Morrison m/s to approve resolution. Voice Vote: all AYES. Motion passed
unanimously.
Mayor DeBoer noted there will be a Study Session on Wednesday, September 22, 2004. Topic of discussion
will be Master Planning in Ashland - Approaches to Address City Council Goals.
ADJOURNMENT
Meeting was adjourned at 10:30
April Lucas, Assistant City Recorder
Alan DeBoer, Mayor