HomeMy WebLinkAbout2004-1116 MIN
ASf-ILAND CITY COUNCIL Iv1EETING
NOVEMBER 16~ 2004
PAGE I of6
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
November 16,2004,7:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
CALL TO ORDER
Mayor DeBoer called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALI;!
Councilor Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn were present.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of November 2 and Executive Meeting Minutes of November 2,
2004 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Announcement of Award of "EI Pipila de Plata" to Senora Chela Kocks.
Mayor DeBoer presented Senora Chela Kocks the "Pipila de Plata" Award. It was noted that this was a very
significant award and this was the first time it had been given to a foreign citizen. Several individuals,
including 2 exchange students from Guanajuato, addressed the Council and shared their sentiments of Senora
Kocks.
2. Presentation of Tree of the Year.
Tree Commissioner Bryan Holley and Councilor Hartzell, Council Liaison to the Tree Commission,
announced th(~ Monterey Cypress Tree located at 407 Scenic Drive as Ashland's 17th Tree of the Year. The
other 4 nominees were recognized and Mr. Holley thanked all those involved in the process. It was noted that
the nomination process had changed and citizens could now send their nominations to Assistant Planner Amy
Anderson throughout the year.
3. Mayor's F'roclamation of the month of November as National Alzheimer's Disease Month.
Proclamation was read aloud.
4. Charter Review Committee Update to Council.
John Enders, Chair of the Charter Review Committee eXplained that the Committee had been reviewing the
current City Charter and have determined that it requires substantial revision. He explained that they are now
in the process of gathering information and have contacted a Charter Expert who is assisting the Committee
with their work. Some of the items contained in the existing Charter that the Committee might propose
changing are: the City's strong Mayor form of government, the election of the City Recorder and Municipal
Judge and their compensation, the election of Parks Commissioners, the number of Council members,
consideration of how the City deals with annexations, and the powers of the Planning Commission. Mr.
Enders explained how the Committee will solicit public input and stated they intend to have the proposed
changes ready for Council review by June 2005.
Commissioner Carole Wheeldon stated that the City Charter could not be changed without the vote of the
people, and that they would like to have this issue placed on the September 2005 ballot. It was clarified that
the Commission was following the Oregon Model Charter, but would incorporate the items that make
Ashland unique.
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NOVEMBER 16~ 2004
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Mr. Enders stated that the Commission had primarily been dealing with process issues, but now that those are
set, they were hoping that the public would become more engaged in the process. It was noted that the Charter
Review Committee meetings are held on the first and third Thursdays of every month in the Council
Chambers, and the public is encouraged to attend. In addition, all of the meeting communication is posted on
the City's web site, including a citizen survey on the Charter Review.
Mayor DeBo(;~r read a letter from the Wilsonville City Recorder acknowledging Ashland City Recorder
Barbara Christensen's accomplishments.
Mayor DeBoer noted that there were three vacancies on the Citizens' Budget Committee and urged anyone
interested to submit an application to the City Recorder's Office.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
Councilor Ja,cksonlMorrison m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion
passed.
PUBLIC HEARINGS
1. Public H<<~aring on the Modification of Prior Year CDBG Action Plans and Reprogramming of
Program Income.
Housing Program Specialist Brandon Goldman stated that the City Council had previously held a Public
Hearing on the allocation of CDBG funds at the October 19th Council Meeting and at that time approved the
allocation of $274,000 to RVCDC for the acquisition of property to construct 6 affordable housing units and
also determinl~d that ACL T could retain $80,000 in previously awarded CDBG funds for the acquisition of
property located at 39 Garfield Street for the development of two affordable housing units. Mr. Goldman
clarified that the modification of past action plans was a requirement of the CDBG Program and provides the
public an opportunity to comment on the action plan that is presented.
Public Hearing Open: 7:54 p.m.
Public Hearing Closed: 7:54 p.m.
Councilor Jackson/Hartzell m/s to approve the modification of the prior years CDBG Action Plan as
presented. Voice Vote: all AYES. Motion passed.
PUBLIC FORUM
No one came forward to speak.
UNFINIsm:D BUSINESS (None)
NEW AND ~MSCELLANEOUS BUSINESS
1. Approval of a Land Partition Plat and Creation of a Deed Restriction in Preparation of the Sale of
City of Ashhmd Owned Property at Strawberry Lane and Westwood Street.
Public Works Director Paula Brown stated the subdivision ofland had already gone through and clarified that
the Deed Restriction was requested by the neighbors to further ensure conformance with neighborhood
development and construction standards.
Community Development Director John McLaughlin stated that the proposed restrictions were not as
extensive as those placed on the adjoining subdivisions and would not affect the value of the property or its
ability to be sold. Mr. McLaughlin clarified that most of the deed restrictions are regulated at some level by
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NOVEMBER 16~ 2004
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the Ashland N[unicipal Code, but that some go beyond the Code and reflect a higher standard that is similar to
the conditions of the surrounding neighborhood. It was noted that the restriction regarding the fire sprinkler
system was required as a condition of approval for the partition. It was clarified that in order to change a
condition of approval, it would need to go before the Planning Commission, but to change the deed
restrictions would require action by the Council.
Council discussed whether to keep the requirements contained in the proposed Deed Restrictions. It was
suggested that the Council not restate in the deed what was already a condition of approval and concern was
raised regarding the wording of the recreational vehicle restriction. Additional comment was made voicing
support for the redundancy for the reason that placing the restrictions in the deed would make it very clear
what was required and potential owners would be notified upfront of the conditions. Mr. McLaughlin
clarified that that the Council had the option to not place any additional restrictions on the property.
Councilor H<<:arnlMorrison m/s to approve the land partition plat and attached deed restriction for the
Mayor's signature. DISCUSSION: Mr. McLaughlin stated that he believed it would be very difficult to
find merit to c:hange the deed restrictions. Voice Vote: all AYES. Motion passed.
Councilor Almarotico/Hartzell m/s to sell the properties and reimburse City funds for prior costs.
Voice Vote: ~dl AYES. Motion passed.
2. Ashland I~iber Network Quarterly Report.
Electric and Telecommunications Director Dick Wanderscheid explained that this report covered the first
quarter of th(;~ fiscal year and noted that Staff had revised the format of the report to provide more and
improved information. Mr. Wanderscheid stated the numbers for cable modem and cable tv looked good, and
stated that the City was well on its way to exceeding their target. Mr. Wanderscheid gave a brief explanation
of the information contained in the report and noted that although the new report did not contain a graph on
the number of high speed data and bulk tv accounts, Staff would report any significant changes in this area in
subsequent reports.
Finance Director Lee Tuneberg explained why they choose to include the various charts contained in the
report. He stated the focus of 3 of the 6 charts was on cash flow and noted the importance of setting aside
sufficient funds to make their $800,000 debt service paYment, which is due in July 2005. Mr. Tuneberg gave
a brief explanation of the data contained in each chart and clarified how to analyze the charts. He also noted
that presently, the plan did not translate will into each month, but added that Staff was gathering the necessary
information to determine what the appropriate "curve" should be.
Mr. Wanderseheid clarified that AFN's monthly expenses were approximately $218,000, although it varied
from month to month. He also mentioned that Staff could prepare a cumulative revenue chart in future
reports if Council desired. Mr. Wanderscheid also pointed out that Staff had budgeted for a rate increase
scheduled for the end of the year, and stated that it would take two months before they would see revenue
generated from the increase.
Mr. Tuneberg noted that the first quarter of the fiscal year was not typically a growth quarter and that it was
difficult to hit a positive ratio based on the first few months. Mr. Wanderscheid clarified that AFN rates and
accounts were up compared to this time last year and added that AFN had more customers now than it has
ever had. He also stated that AFN would easily meet its goals for this year and would probably exceed them.
Council discussed whether different charts would be beneficial in future reports. Suggestion was made to
provide a comparison chart for the number of AFN accounts in the previous year. Comment was made
voicing support for the current format of the report. Mr. Wanderscheid mentioned that they could provide
ASHLAND CITY CC)lJNCILiv1EETING
NOVE1\r1BER 16~ 2004
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the graphs in a rolling 12 month period format. It was noted that this report would be presented to the
Advisory Committee and that they might recommend different measures as well.
3. Acceptan(:e of Audit Committee Report and the June 30, 2004 Comprehensive Annual Financial
Report.
Finance Director Lee Tuneberg identified the critical pages in the Financial Report, including the Auditor's
Opinion contained on page 1 and the Management Discussion and Analysis on pages 3 through 13. Mr.
Tuneberg pointed out that the Audit Firm found no material issues that needed to be corrected, and
determined that the Financial Report accurately represented the financial status of the City. Mr. Tuneberg
stated that from year to year the City's assets had remained constant, and stated that this was a sign of
stability in our organization. He stated the City was sitting well in regards to its cash balances, but noted there
were some funds that needed more attention, including the Street and Airport Funds. Mr. Tuneberg noted
that revisiting the fund balances for each individual fund was a Council Goal, and thanked all those involved
for their help in preparing the report.
Councilor Mlorrison/Jackson m/s to accept the Audit Committee Report and the Comprehensive
Annual Fina]ncial Report for the fiscal year ended June 30, 2004 as presented. Voice Vote: all AYES.
Motion pass<<:d.
ORDINANCES.. RESOLUTIONS AND CONTRACTS
1. First reading by title only of "An Ordinance Amending the Ashland Municipal Code, Land Use
Ordinance, Regarding Minimum Densities in Multi Family Zoning Districts."
Community Development Director John McLaughlin noted that a Public Hearing was held at the last Council
Meeting, and noted that Council had requested one minor change to the Ordinance regarding the clarification
of replacement of single family homes due to fire or natural hazards.
Mr. McLaughlin clarified that under 18.24.040, 2-C, the term "exempt" would apply as long as the
conditional uses were in place. He also clarified that under 18.24.040, 2-F, Staff used the language "may"
instead of "shall be" on purpose in order to allow some flexibility. Suggestion was made to change the
wording in 18.24.040, 2-F to "riparian areas" instead of "land drainages". Comment was made that the
Ordinance should stay with the broader term of "land drainages". Recommendation was made to revise
number 1 under 18.28.040, to read "The density of the development, including the density gained through
bonus points, shall not exceed the density established by this section." Mr. McLaughlin noted that this
wording was also contained under Section 2, and would need to be changed there as well.
Councilor Jalckson/ Amarotico m/s to approve the first reading and move to second reading, including
the grammatical change to 18.28.040 Sections 1 and 2. Roll Call Vote: Councilor Hartzell, Amarotico,
Laws, Jackson, Morrison, and Hearn, Yes. Motion Passed.
2. Second reading by title only of "An Ordinance Vacating a Public Alley between Oregon Street and
Madrone Street."
Councilor Jackson/Morrison m/s to approve Ordinance #2912. Roll Call Vote: Hearn, Morrison,
Jackson, Hartzell, Amarotico, and Laws, Yes. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Proposed resolution from Councilor Don Laws regarding Veterans' Day Flags.
Hal JamisOln/60 Golden Spike/Spoke in opposition to the proposed resolution. Mr. Jamison voiced his
concern with the last sentence in the resolution, which read that the individuals who vandalized the flag
ASHI.."AND CITY COUNCIL iv1EETING
NOVEl\1BER 16~ 2004
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holders should "experience a sense of shame and humiliation". Mr. Jamison stated that the American flag
not only sYmbolized America and its soldiers, but could also been seen as approval of any war that the
government has engaged in. Mr. Jamison stated that the Council should not assume what motivated the
persons who (:ommitted this act and did not feel that the proposed resolution reflected the feelings of all of
Ashland's citizens.
Councilor Laws read the Resolution aloud and explained his motivations for bringing this issue to the Council.
Council discussed possible changes to the language of the proposed resolution and Councilor Laws stated he
would welcome any such changes by the Council. Council agreed that the acts committed by the vandals
were shameful, however some disagreed that passing the resolution was the best way to deal with the issue of
civil disobedic~nce. Comment was made that the Council should not dignify the vandalism by passing such a
resolution. Additional comment was made that the Council should not pass this resolution without knowing
what motivated those who committed the crime. Council further discussed if a resolution was the correct tool
to deal with this issue.
Mayor DeBoer stated that he was offended by the acts of vandalism and urged anyone who might have
information on this case to come forward and report it to the police.
Councilor Hearn/Laws m/s to approve Resolution #2004-38, with the change of removing "and
humiliation" from the last sentence of Section 1. Roll Call Vote: Councilor Jackson, Hearn, and Laws,
Yes. Councilor Morrison, Amarotico and Hartzell, No. Mayor DeBoer, Yes. Motion passed 4-3.
2. Billings Golf Course Update
City Attorney Mike Franell informed the Council that Jackson County had met to discuss this issue and
although he had not been able to confirm, he believed that the County had made an interpretation of their Code
to determine that the regulations regarding the Greenway District did not apply to the land in question. Mr.
Franell stated that it could be possible for the City to interpret the County's decision as a land use action, and
that it could be possible to make an appeal to LUBA. He further stated that the County's interpretation should
not have a substantial affect with this particular property because the property was still subject to the
regulation that states that anything done would need to be consistent with the Greenway Plan.
Council encouraged Staff to gather more details on this project and report to Council on their potential
options.
Councilor H:artzell/Jackson m/s for Staff to bring back information sufficient for describing the
options for Council to respond to the County's decisions regarding the Billings Gold Course, and to do
so in a timely manner. DISCUSSION: Suggestion was made for the Council to be provided with
information regarding the design of the golf course and how it's use would affect the greenway area.
Suggestion was made for Council to conduct a tour of the site.
Councilor Hartzell/Amarotico m/s to extend meeting to 10:30 p.m. Voice Vote: all AYES. Motion
passed.
It was noted that a land use application had not yet been filed. Comment was made that given the 120-day
period, it was prudent for the Council to inform themselves of their options. Mr. Franell clarified that the
County had identified the greenway land as an "area of special concern", which is an actual overlay zone that
the County has within their ordinances. He also clarified that an "area of mutual interest" is an area that the
City and the County have agreed to work cooperatively together on. Councilor Jackson called for the question.
Voice Vote: all AYES. Motion passed.
ASHLAND CITY COUNCIL JV1EETING
NOVEiv1BER 16~ 2004
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Mayor DeBO(~r noted there was a Study Session scheduled for Wednesday, November 17. Topics of
discussion would include the Croman Property Masterplan and Measure 37 Implementation.
Mayor DeBo<::r also noted that there was a Special Meeting scheduled for November 30th to implement
procedure for Measure 37.
ADJOURNl\~ENT
Meeting was adjourned at: 10:09 p.m.
~.-J ~f.\ALJ '
April Lucas, Assistant to City Recorder
~~~
Alan DeBoer, Mayor