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Home My WebLink About2009-0625 Special Council MIN ^ City Council Special Meeting June 25, 2009 Page I of3 MINUTES FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL June 25, 2009 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 5:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Navickas, Lemhouse, Jackson, Silbiger and Chapman were present. Councilor Voisin was absent. SPECIAL PRESENT A nONS & A WARDS Mayor's Proclamation of July as Oregon National Guard Month was read aloud. PUBLIC HEARINGS 1. Should Council approve a resolution to adjust budget appropriations for Fiscal Year 2009 for changes in operational expenses to remain in compliance with Oregon Budget Law? Administrative Services and Finance Director Lee Tuneberg presented staff report and outlined the appropriations, Public Hearing Open: 5:06 p.m. Public Hearing Closed: 5:06 p.m. Councilor Navickas/Lemhouse mls to approve Resolution #2009-20. Roll Call Vote: Lemhouse, Jackson, Silbiger, Navickas and Chapman, YES. Motion passed. UNFINISHED BUSINESS 1. a. Should Council approve First Reading of an ordinance titled, "An Ordinance Ammending AMC Chapter 13 to Establish Standards Forms for Right-of-Way Regulation and Providing for Donation or Loan of Functional Items" and move the ordinance on to Second Reading. b. Should Council approve First Reading of an ordinanance titled, "An Ordinance Amending the AMC Chapter 13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.44" and move the ordinance on to Second Reading? Public Works Director Mike Faught, Community Development Director Bill Molnar and Project Manager Adam Hanks presented staff presentation that included powerpoint presentation. The presentation included: . Background on recommendations from 2008 Downtown Task Force . Previous Council Action from May 4 and 5, 2009 . Functional items and activities permitted by proposed ordinance . Updates to the proposed ordinance since the council action of May 5, 2009 - change to l3.03.010 Purposes; 13.03.050 Exempt Activities; 13,03.035 lnterim Regulations for Publication Boxes . Findings - Sidewalk dining and placement of Publication Boxes . Sample pictures of News Racks, garbage receptacles . Suggested edits to 1 3 .02.040 Permission Required, 1 3.02.040.C Prohibition, 13,02.040.0 Donated or Loaned Functional Items, 13.03.060.A (5) Materials and construction standards, 13.03.060.A (8) Minimum Square Footage and 13.03.090 Denial, Revocation, or Suspension of Permit . Downtown Sidewalk Usage Map - identifYing existing functional items and impacts of 6 foot, 8 foot and 10 foot pedestrian safety zones . Right-of-Way Encroachment Guidelines that require a permit Discussion on the need for a functional defnition of "minimum" resulted in the recommendation that the map be altered when necessary in order to protect pedestrian ways. City Attorney Richard Appicello stated that staff could provide a tiered alternative if the council chooses if they would like language added into the proposed ordinance. City Council Special Meeting June 25, 2009 Page 2 of3 Staff explained that there are different types of publication boxes that could be chosen depending on whether they are coin operated or fee of charge. The charge by the City would be the same regardless of the type of publication. The . proposed ordinance requires that all vendors participate by 20 I 2 but transition would begin with the effective date of the proposed ordinance. Mr. Appicello eXplained that the proposed ordinance reflects current municipal code that gives authority to the City Adminstrator rather than the Community Development Director. Clarification was made that use of Plaza as a distribution point is not being considered. Concern was raised regarding term of "free speech" and staff explained that this only means that a place is being provided to distribute material. Council raised the issue of "six foot minimum" and staff was prepared to offer subsitute language, Options will be brought back to council for consideration at second reading of ordinance, Council considered and discussed 1 I foot rather than 12 foot right,of-way which increases pedestrian way and exceptions to the map in the downtown area cou Id be done. Councilor Chapman/Navickas m/s that staff provide language to have a functional defintion of minimum sidewalk based on 11 feet. DISCUSSION: Staff provided language for consideration. Coucilor Chapman requested that the language be better clarified and placed where it is referenced in the ordinance. Councilor Lemhouse commented on the importance of pedestrian passage way and the improvements that will be gained when current publication boxes are moved. Roll Call Vote: Chapman, Navickas, Lemhouse, Silbiger, YES; Jackson, NO, Motion passed 4-1. Pro and cons on where publication boxes are placed was discussed. Suggestion that there be a single location in downtown area, on city property, where publications can be provided for sale and procured was made, Mr. Appicello stated that all options need to be considered after all phases have expired. City Administrator Martha Bennett stated that public outreach would need to occur in regards to where publication boxes would be allowed for placement. She explained that the business owners anticipate their ability to distribute their own material. Consolidated location of publication boxes was suggested and staff was requested to bring back options to explore and consider. Concern was raised regarding first amendment and the ability to have access to information or restricting access. Councilor was asked to consider removing all language that refers to new regulations on publicatoin boxes and directing staff to bring back options for consolidating boxes to areas that are not on the sidewalk. Ms, Bennett stated that council should provide some language regarding publication boxes in the proposed ordinance and then to reevaluate later. It was c1aified that the map could be adopted at a later date, Ordinance title, proposed changes and additional language were read aloud, Councilor Jackson/Lemhoonse mls to approve first Reading of an ordinanance titled, "An Ordinance Amending the AMC Chapter 13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.44" and move the ordinance on to Second Reading with noted changes and additional language. Roll Call Vote: Navickas, Chapman, Silbiger, Jackson and Lemhouse, YES, Motion passed, Ordinance title and proposed changes were read aloud, Councilor Lemhouse/Navickas mls to approve first reading of ordinance titled "An Ordinance Ammending AMC Chapter 13 to Establish Standards Forms for Right-of-Way Regulation and Providing for Donation or Loan of Functional Items" and move the ordinance on to Second Reading, DISCUSSION: Councilor chapman noted his objection to "no fees and charges," Roll Call Vote: Lemhouse, Silbiger, Jackson, Chapman and Navickas, YES. Motion passed. Councilor Chapman/Lemhouse m/s to direct staff to look at resolving the publication box issue and look at City Council Special Meeting June 25, 2009 Page 3 of3 consolidation and location in as few areas as possible, DISCUSSION: Councilor Navickas voiced concern that this limits free speech. Councilor Jackson voiced support with continuing in the direction as provided by staff. Councilor Silbiger stated that there are functional problems with consolidating location of publication boxes. Roll Call Vote: Chapman and Lemhouse, YES; Navickas, Jackson and Silbiger, NO, Motion failed 2-3, NEW AND MISCELLANEOUS BUSINESS 1. Does Council want to continue to purchase Environmentally Preferred Power from the Bonneville Power Administration in Federal fiscal years 2010 and 2011? Electric Director Dick Wanderscheid presented staff report. He explained that the expiration date for this agreement is July 1 5,2009 and staff recommends thatthe City continue to purchase I aMW of Environmentally Preferred Power (EPP) from BP A for fiscal years 2010 & 2011. Councilor Silbiger, Chapman m/s to authorize the City's Electric Director to notify BP A of our intent to purchase laMW ofEPP in Federal Fiscal Years 2010 & 2011. Roll Call Vote: Silbiger, Chapman, Navickas, Lemhouse and Jackson, YES. Motion passed. ,Mayor added item for discussion regarding request by a past Councilor for reimbursement, which had been denied, of expenses associated with fiscal year ending 2007,08. The reimbursement request was submitted in February 2009 and the deadline for submitting was in August 2008. Council consensus was to take no action on this request. ADJOURNENT Meeting s adjourned at 6:28 p.m. Barbara Christensen, City Recorder