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HomeMy WebLinkAbout2010-0202 Council Mtg MIN ASHLAND CITY COUNCIL MEETING February 2, 2010 Page I of 9 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL February 2, 2010 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg read an update on the Battalion of the 41' Brigade Combat Team of the Oregon National Guard (1/186) currently preparing for deployment from Iraq. City Recorder Barbara Christensen announced it was time for the annual appointment process for all Commissions and Committees. Deadline for applications is March 19, 2010 and she encouraged all to consider volunteering on these important City Commissions. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Regular Council ofJanuary 19, 2010 and Executive Session ofJanuary 25, 2010 were approved as presented. SPECIAL PRESENTATIONS AWARDS None CONSENT AGENDA 1. Does the Council accept the Minutes of Boards, Commissions, and Committees? 2. Does Council have any questions about the quarterly financial report as presented? 3. Does Council have questions regarding the City's purchasing practices or participation in the national coalition promoting changes in factory working conditions? 4. Does Council accept the annual report relating to the Verde Village development as demonstration that both the City and the developer are in compliance with the Development Agreement? 5. Will Council approve the attached resolution establishing minimum standards, fees and program policy for the installation of Street Pennant in the public right -of -way? 6. Should Council approve a resolution to adjust budget appropriations for changes in operational expenses to remain in compliance with Oregon Budget Law? 7. Does the Council wish to confirm the appointment of Rob Lloyd as Information Technology (IT) Director? Councilor Voisin requested that Consent Agenda item #6 be pulled and Councilor Jackson requested that Consent Agenda item #4 be pulled for discussion. Councilor Jackson/Navickas m/s to approve Consent Agenda items 1 -3, 5 and 7. Voice Vote: all AYES. Motion passed. Councilor Jackson declared a conflict of interest regarding Consent Agenda item #4 and requested she be recused from voting. Councilor Voisin /Chapman m/s to recuse Councilor Jackson from voting on Consent Agenda item #4. Voice Vote: all AYES. Motion passed. Councilor Chapman/Voisin m/s to approve Consent Agenda item #4. Voice Vote: all AYES. Motion passed. ASHLAND CITY COUNCIL MEETING February 1, 2010 Page 2 of 9 City Recorder Barbara Christensen clarified the request for the transfer of appropriations was due to an increase in banking service and merchant fees. Changes in the banking environment have created unanticipated expenses that affected the current budget. Councilor Jackson/Voisin m/s to approve Consent Agenda item #6. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Should Council approve a resolution adjusting the FY 2009 -2010 Budget to create appropriations and authorize expenditures for unanticipated expenses during this year? Administrative Services Director Lee Tuneberg explained the additional $150,000 from the Bonneville Power Administration would support the increased participation in the Conservation Program. Public Hearing Open: 7:16 p.m. Public Hearing Closed: 7:16 p.m. Councilor Navickas/Chapman m/s to approve Resolution #2010 -03. Roll Call Vote: Councilor Chapman, Silbiger, Jackson, Lemhouse, Navickas and Voisin, YES. Motion passed. 2. Does the Council approve the proposed resolution to establish a fee schedule for Mitigation, Enforcement and Restoration in accordance with the Tree Protection and Preservation Chapter (AMC 18.61)? Community Development Director Bill Molnar explained the resolution would establish a fee schedule for mitigation and allow an option for the property owner to plant a tree on another piece of property within the same ownership or possibly on public land.' Another provision would allow a $400 payment in lieu of planting fee per tree. The Penalty Section would address fees to cover compliance and enforcement efforts and a restoration fee for damage incurred when replacing larger trees. Public Hearing Open: 7:22 p.m. Public Hearing Closed: 7:22 p.m. Councilor Chapman/Jackson m/s to approve Resolution #2010 -04. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed. PUBLIC FORUM Ron Roth/6950 Old 99 South/Spoke regarding humanitarian efforts for Haiti and requested the Council consider sending City staff to assist in the recovery. Councilor Navickas/Lemhouse m/s to place item on agenda for discussion under "Other Business from Council." Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman, YES. Motion passed. UNFINISHED BUSINESS 1. Will the Council approve a resolution allocating Transient Occupancy Tax (TOT) revenue for tourism and non tourism purposes for FY 2010 -2011 and establishing criteria for the grant program? Administrative Services Director Lee Tuneberg explained the staff recommendation of distributing the proposed $1,720,000: Non- Tourism: General Fund: $lmillion or 79% Strategic Planning: $150,000 or 12% Small Grants: $112,079 or 9% Tourism: Chamber of Commerce Visitors Convention Bureau (VCB): $275,000 or 60% Oregon Shakespeare Festival (OSF): $110,000 or 24% Small Grantees: $45,000 or 10% ASHLAND CITY COUNCIL MEETING February 2, 2010 Page 3 of 9 Public Art: $13,738 or 3% City Project: $14,183or3% Staff explained Strategic Planning changed to Economic Development Planning and the money allocated went towards funding one staff position, consulting services and direct expenses for the Economic Development Strategy started November 2009. Staff went on to clarify monies set aside for City Projects were considered savings towards tourism related capital projects. Mr. Tuneberg read the following proposed changes to the criteria: Section 2(b) Economic Development, the following were added: 7. Promote businesses and institutions that encourage sustainability. 8. Prioritize established organizations. Percentage allocation no changes open for discussion: Chamber of Commerce VCB 60% Oregon Shakespeare Festival 24% Economic and Cultural Development Grants Tourism 10% Public Art 3% Remaining to tourism projects determined in budget process 3% Section 4 Highlight "requirement" for consensus on definition. Section 4 (e): "...in terms of cultural enrichment and /or activities of an economic nature," for discussion on possible revision or elimination of the line. Projected allocation ADD Section 2 Category (d) Sustainability: "Carry out the following types of projects: actual work; training; conferences; grant writing; research; fund raisers; invention/development. In these categories, including, but not limited to, the examples listed: 1. Energy: conservation; renewables; new sources 2. Water: right water /right use; conservation; rain water catchments; storm water management 3. Forest: sustainable forestry; fire management; monitoring 4. Science: climate change; use of science in decision making; ecological studies 5. Appropriate technology: car share; alternative transportation 6. Gardening Agriculture: local food production' composting; seed collection 7. Economics: public markets; buy locally; visitor events; localizing capital; micro lending: start -up funding and consulting* *One grant not to exceed $12,500 to fund five $1,000 start-up grants and two $2,500 start-up grants; the balance for administrative costs; number of grants may be reduced if necessary to provide insurance. 8. Ecology Applications: riparian restoration; no kill shelters; urban/wilderness interface; 9. Community building: dispute resolution; emergency food; homeless shelters; fairplay forums; communications/information dissemination; meeting facilities; youth support; co-housing; Note that this grant is intended for supporting sustainability start-ups. The grantee would provide funding designed for new and small sustainability organizations that may not have 501c(3) status and for whom providing their own insurance or even completing the standard application process would be burdensome." Councilor Navickas clarified that prioritizing established organizations was an effort to maintain funding for organizations the Council has a history of funding and not allocating a large amount for start -ups that may have issues being sustainable. Jim McGinnis/629 Altamont Street/Thought Mayor's Sustainability proposal provided an opportunity for those without 50Ic(3), non profit status or insurance. He suggested criteria be clearly articulated for applying for grants with an oversight board comprised of a cross section of citizens to process and award applications. Applying could be a two -step process with pre- applications. Sandra Slattery/1405 Pinecrest/Explained she was the Executive Director of the Ashland Chamber of Commerce and noted Chamber accomplishments. The Chamber received the best publication award in the nation for ASHLAND CITY COUNCIL MEETING February 2, 2010 Page 4 of 9 communications excellence with the Living and Doing Business Guide. She thanked the Council's previous support and pledged the Chamber of Commerce's continued partnership to improve Ashland. She submitted a letter into the record from Mark Marchetti supporting the Chamber. Graham Lewis/152 N Pioneer /Shared the benefits the Chamber of Commerce brings through the Living and Doing Business Guide, website and volunteers. He concluded the Chamber helps the quality of life for Ashland citizenry. Dana Fortmiller /110 E Main/Read a letter from Dr. Mary Cullinan, the President of Southern Oregon University (SOU) supporting grant money going to the Chamber of Commerce Visitors and Convention Bureau (VCB) noting how the Chamber helps SOU directly. Sean Daley /112 Brook Lane/Explained he was the Sales and Membership Manager of the Ashland Chamber of Commerce. He read a letter from Juli Di Chiro supporting the Council's continued financial support of the Chamber and described some of the benefits the Chamber provides. Donna Staggs/117 6`" Street/Spoke in support of the Mayor's grant proposal for sustainability and volunteered her time to the Chamber of Commerce to help connect the Chamber with sustainability groups in the community. She went on to express concern for the potential detrimental affects of severe space weather explaining Oregon was an area for probable power system collapse due to grid placement. A current cycle of sunspots and solar activity will peak in 2013 and Ashland needs to be prepared and seriously consider this phenomenon. Scott McGuire/665 Clay Street/Supported the proposed Sustainability grants and asked the Council to prioritize funds for food production projects in the valley. It was important to support community food producers in and around the City and he listed several groups he had worked with. He supported finding more ways to incorporate food production into the economic viability of the area. Jeff Golden/925 Oak Street/Strongly supported having sustainability grants, the proposal was realistic and would bring in new people and energy. He emphasized the need to have specific criteria and suggested possibly establishing a citizen panel. Katherine Flanagan /110 E Main/Explained she was the Director of the Visitors Convention Bureau (VCB) and Marketing Director for the Ashland Chamber of Commerce. She noted the three VCB marketing pillars, Culinary, Outdoor and Cultural Adventures, explained current marketing efforts for each, and thanked the Council for their support. Jac Nickels/821 Beach Street/Spoke as the Chair of the Economic Sustainability Committee of the Ashland Chamber of Commerce and provided history on the committee, their goals, mission and accomplishments. David Wick/2560 Eagle Creek Lane/Explained he was the managing Director of Triple Bottom Line for the 21' Century (TBL21). He expressed his support for the work of the Ashland Chamber of Commerce, small grantees and provided handout. It was a critical time to more forward on sustainability efforts. Lynn Blanche /278 Lantern Hill/Introduced herself as the Co- Director of Triple Bottom Line for the 21' Century (TBL21) and supported adding Sustainability as a grant category. It would not only add value to the culture of sustainability but also provide the realization of the benefits of sustainability. She noted research indicating sustainability aligned businesses have fared better than other businesses during the economic downturn. Meiwin Richards/590 Grandview Drive/Explained she was the President of Ashland Chamber Board and asked for continued grant support for the Visitors Convention Bureau (VCB). She noted accomplishments and how the Chamber of Commerce is the "heart and core" of community sustainability. Melanie Mindlin/1248 Calypso Court/Expressed her appreciation and support to the Council and Mayor for their consideration of adding sustainability grants. She noted the vast amount of citizens concerned about the community ASHLAND CITY COUNCIL MEETING February 2, 2010 Page 5 of 9 and sustainability and shared her definition of sustainability and economic development. Pam Vavra/457 C Street/Represented the Transition Town Ashland Initiating Group. She described monthly presentations their group conducts and shared comments from those that attended. She was encouraged by the group participation of major contributors in the community, supported small grants and suggested increasing the dollar amount. Chris Hardy /774 B Street/Provided handouts on the Ashland/Talent grower's collective Community Supported Agriculture. The collective comprised of groups using sustainability and growing practices dedicated to local economy. He explained the benefits the collective will provide, listed farms currently participating and future steps. Catie Faryl/200 E Nevada/Thought funding sustainability non profits would allow for dramatic economic growth for the community, generate jobs and income. Ashland's economic viability depends on diversifying businesses, relocalizing the economy and retuming to a community where all age and economic groups have work and meaningful lives. Bill Kaut/258 Greenbriar Place/Supported the young people's efforts on sustainable farming and noted a phrase Mr. Hardy stated earlier about devoting their lives to the earth. He was present to offer support to the Council in supporting these young people and their sustainability efforts. Councilor Navickas suggested the following changes to the grant allocation: Non- Tourism General Fund: remains the same Strategic Planning: remains the same Small Grants: decrease to $98,579 New category Sustainability Grants: allocate $12,500 Tourism Chamber of Commerce VCB: increase to $280,000 Oregon Shakespeare Festival (OSF): remains the same Small Grantees: increase to $54,183 Public Art: remains the same City Projects: eliminate allocation Council and staff discussed whether the grants should go under Tourism or Non Tourism. Tourism would require applicants to prove they were actively seeking people to either spend the night or come from at least 50 miles away. Using unrestricted dollars would lesson the burden on groups applying for grants. Councilor Navickas/Voisin m/s approve allocations as suggested. DISCUSSION: Councilor Navickas thought the proposal would bridge the gap between the Chamber of Commerce and sustainability groups and bring them together. Councilor Jackson expressed concern that Council was voting on allocations prior to discussing whether to add a new category that the public process had not occurred and additionally the language produced was not through the public process. Councilor Lemhouse agreed it needed to go through a public process and there was a possibility it could move under Economic Development Planning. During that time, he supported adding the language that would promote businesses and institutions that encourage sustainability, deplete the City Project fund and allocate it to the Chamber or small grants program for the year. Councilor Voisin did not think the public process was necessary based on the strong public testimony in support of sustainability efforts and adding a sustainability category to the grants was a good way for the City to contribute to sustainability. Councilor Silbiger commented if Council added sustainability to the grants, it should go under Non Tourism as a fourth category and noted issues he had allowing non-501c(3) organizations to apply for sustainability grants. He preferred adding sustainability criteria to the Non Tourism section instead of segregating a specific amount for sustainability grants or use language allocating a minimum amount. Councilor Navickas withdrew the motion with Councilor Voisin's approval. ASHLAND CITY COUNCIL MEETING February 2, 2010 Page 6of9 Councilor NavickasNoisin m/s to shift from City Projects $5,000 to the Chamber of Commerce and the remaining amount to small grantees under Tourism and leave the allocation of Non Tourism dollars as proposed. DISCUSSION: Councilor Chapman noted Resolution 2008 -35 contained a reasonable distribution and included key elements of sustainability. He was hesitant to adopt a new resolution while the Economic Development Plan was evolving and suggested adopting the previous year's appropriation instead. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger, YES; Councilor Chapman, NO. Motion passed 5-1. Councilor Jackson/Lemhouse m/s to adopt the Resolution as presented by staff; add to Section 2 (b) (7) "Promote businesses and institutions that encourage sustainability"; to not add Section 2(b)(8) "prioritize established organizations" and under Section 4 (e) to add "...in terms of cultural enrichment and /or activities of an economic nature." DISCUSSION: Councilor Jackson explained her proposal adds the concept of sustainability into the Economic Development grants. Councilor Lemhouse thought prioriti established organizations took away the competitive edge. Councilor Jackson withdrew the motion with Councilor Lemhouse's approval. Councilor Jackson/Lemhouse m/s to amend proposed resolution to add under Economic Development Section 2 (b) (7) "Promote businesses and institutions that encourage sustainability"; to not add Section 2(b)(8) "prioritize established organizations" and to add the ending phrase under Section 4 (e) "...in terms of cultural enrichment and /or activities of an economic nature." Roll Call Vote: Councilor Voisin, Lemhouse, Silbiger, Jackson and Navickas, YES; Chapman, NO. Motion passed 5 -1. Councilor Lemhouse/Jackson m/s to add language to Section 4 requiring that all grantees provide an annual report to be eligible for future grants. DISCUSSION: Councilor Lemhouse explained the motion allows transparency on how grant money was used. Councilor Navickas thought it was already implicit within the system and expressed concern it would put further burden on administrative costs. Councilor Voisin agreed with Councilor Navickas. Councilor Silbiger noted similar language stated in Resolution 2008 -35 Section 3 last sentences prior to Section 4. Councilor Lemhouse responded the annual report would only strengthen that language. Mr. Tuneberg clarified grantees sign a contract that staff monitors and have experienced a good return. Roll Call Vote: Councilor Lemhouse, Silbiger and Jackson, YES; Councilor Chapman, Voisin, and Navickas, NO; Mayor Stromberg, YES; Motion passed 4-3. Councilor Jackson/Lemhouse m/s to change the allocations to Chamber of Commerce VCB: 61.2 Economic and Cultural Development Grants Tourism: 11.8 Remaining to tourism projects determined in budget process: 0% this year. Roll Call Vote: Councilor Voisin, Lemhouse, Silbiger, Jackson and Navickas, YES; Councilor Chapman, NO. Motion passed 5-1. Councilor Silbiger /Jackson m/s to amend motion to change under Section 2 (b)(6) the word "water" to "resources." DISCUSSION: Councilor Jackson read the sentence with the word change: "Encourage businesses that efficiently use resources and minimize their impact on the environment such as water and air pollution or creation of toxic waste." Roll Call Vote: Councilor Jackson, Silbiger, Navickas, Voisin and Lemhouse, YES; Councilor Chapman, NO. Motion passed 5-1. Councilor Navickas/Voisin m/s to amend the motion to include under Section 2 Category D Sustainability: "With a minimum of $12,500 granted carry out the following types of projects: actual work; training; conferences; grant writing; research; fund raisers; invention/development. In these categories, including, but not limited to, the examples listed: 1. Energy: conservation; renewables; new sources 2. Water: right water /right use; conservation; rain water catchments; storm water management 3. Forest: sustainable forestry; fire management; monitoring ASHLAND CITY COUNCIL MEETING February 2, 2010 Page 7 of 4. Science: climate change; use of science in decision making; ecological studies 5. Appropriate technology: car share; alternative transportation 6. Gardening Agriculture: local food production' composting; seed collection 7. Economics: public markets; buy locally; visitor events; localizing capital; micro lending: start-up funding and consulting* *One grant not to exceed $12,500 to fund five $1,000 start -up grants and two $2,500 start -up grants; the balance for administrative costs; number of grants may be reduced if necessary to provide insurance. 8. Ecology Applications: riparian restoration; no kill shelters; urban/wilderness interface; 9. Community building: dispute resolution; emergency food; homeless shelters; fairplay forums; communications/information dissemination; meeting facilities; youth support; co- housing; Note that this grant is intended for supporting sustainability start -ups. The grantee would provide funding designed for new and small sustainability organizations that may not have 501c(3) status and for whom providing their own insurance or even completing the standard application process would be burdensome." DISCUSSION: Councilor Navickas encouraged Council to support the motion. Councilor Lemhouse was not supportive of the motion, and thought sustainability should go through the Economic Development Committee and Council should find out what the City does currently to support sustainability efforts and reiterated the importance of going through public process. Councilor Voisin supported the motion and thought taking it through the public process was a delay tactic and not necessary due to the public testimony. Councilor Silbiger was not comfortable with the list of examples and did not think they were necessary. Mayor Stromberg explained he wanted something that paralleled Economic and Cultural and the list were examples only. Councilor Navickas withdrew the motion with Councilor Voisin's approval. Councilor NavickasNoisin m/s to amend the resolution to add under Section 2 Category D Sustainability: "With a minimum of $12,500 granted carry out the following types of projects: actual work; training; conferences; grant writing; research; fund raisers; invention/development. In these categories, including, but not limited to, the examples listed: 1. Energy 2. Water 3. Forest 4. Science 5. Appropriate Technology 6. Gardening Agriculture 7. Economics 8. Ecology Applications 9. Community building" DISCUSSION: Councilor Lemhouse explained applicants could apply for sustainability projects under Economic Development if the Sustainability category was not added. Roll Call Vote: Councilor Silbiger, Navickas and Voisin, YES; Councilor Lemhouse, Chapman, and Jackson, NO. Mayor Stromberg, YES. Motion passed 4-3. Councilor Jackson/Navickas m/s to tentatively approve to place on the consent agenda for adoption at the February 16, 2010 meeting a legible version of the amended Resolution with amendments made tonight, February 2, 2010. Roll Call Vote: Councilor Lemhouse, Silbiger, Jackson, Navickas and Voisin, YES; Councilor Chapman, NO. Motion passed 5 -1. City Administrator Martha Bennett suggested continuing items not addressed to Monday, February 8, 2010. 2. Does the Council wish to adopt findings to complete the land use ordinance portion of the annexation process for the property at 615 Washington Street? Community Works Director Bill Molnar provided the staff report and history. Councilor Navickas and Lemhouse disclosed Exparte contact from reading an article on The Modern Fan Company in the Ashland Daily Times but declared it would not influence their ability to make unbiased decisions. ASHLAND CITY COUNCIL MEETING February 2, 2010 Page 8 of 9 Councilor Chapman/Lemhouse m/s to adopt findings and conclusions for approval of Planning Action 2009- 00784. ROLL Call Vote: Councilor Navickas, Lemhouse, Silbiger, Chapman, Voisin and Jackson, YES. Motion passed. 3. Should Council approve first reading of an ordinance annexing 1.6 acres at 615 Washington Street and withdrawing the property from Jackson County Fire District No. 5? City Attorney Richard Appicello read the ordinance title aloud. Councilor Lemhouse /Jackson m/s to approve first reading and set second reading for February 16, 2010. Roll CaII Vote: Councilor Voisin, Silbiger, Chapman, Navickas, Jackson and Lemhouse, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Discussion regarding sending City staff to Haiti for humanitarian efforts. City Administrator Martha Bennett explained employees wanting to volunteer their time to non profit organizations would be granted leave and interested staff should contact their direct reports. The City paying an employee's time to work with a non profit was complicated and more involved. NEW AND MISCELLANEOUS BUSINESS 1. Will Council approve the FY11 Capital Improvement Program (CIP) project list, the overall FY11 -16 CIP in Concept, and the FY11 Capital Equipment Plan? Item postponed to the February 8, 2010 continued meeting. 2. Will Council approve a resolution revising operating Ending Fund Balance (EFB) targets for certain funds and authorize budgeting increased Contingencies in certain funds? Item postponed to the February 8, 2010 continued meeting. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Should the Council approve Second Reading of an Ordinance amending Council Rules Chapter 2.04.090, 2.04.100 and 2.04.110 to add Council Rules relating to commissions and liaisons Item postponed to the February 8, 2010 continued meeting. 2. Should the Council approve Second Reading of an Ordinance providing for uniform policies and operating procedures for advisory commissions, committees and boards? Item postponed to the February 8, 2010 continued meeting. 3. Should the Council approve First Reading of an Ordinance amending Chapter 1.08 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? Should the Council approve First Reading of an Ordinance amending Chapter 9 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? Should the Council approve First Reading of an Ordinance amending Chapter 10 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? Should the Council approve First Reading of an Ordinance amending Chapter 11 to add provisions concerning the classification of offenses, and move the ordinance on to Second Reading? Items postponed to the February 8, 2010 continued meeting. 4. Should the Council approve First Reading of an Ordinance that amends the Living Wage ordinance by defining "twelve month period" and clarifying that the City does not require retroactive payments? Item postponed to the February 8, 2010 continued meeting. ASHLAND CITY COUNCIL MEETING February 2, 2010 Page 9 of 9 Councilor Voisin /Jackson m/s to continue meeting to February 8, 2010 at the conclusion of the Joint Council Parks meeting. Voice Vote: Councilor Voisin, Navickas, Lemhouse, Jackson and Silbiger, YES; Councilor Chapman, NO. Motion passed 5 -1. ADJOURNMENT Members left at 10:18 p.m. j etstit S tas,47 Barbara Christensen, City Recorder to n Stromberg, Mayor