Agendas and Minutes

City Council (View All)

Regular Meeting

Minutes
Tuesday, March 04, 2008

MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
March 4, 2008
Council Chambers, 1175 E. Main Street

CALL TO ORDER
Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
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ROLL CALL
Councilors Hardesty, Navickas, Hartzell, Silbiger and Chapman were present. Councilor Jackson was absent.
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MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Morrison announced that this is the annual appointment period and instructed interested citizens to contact the City Recorder's Office or visit the City website for additional information.
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SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The Executive Session Minutes of February 12, 2008, Executive Session Minutes of February 19, 2008, and Regular Council Meeting Minutes of February 19, 2008 were approved as presented.
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SPECIAL PRESENTATIONS & AWARDS
1. League of Oregon Cities Award.
Mayor Morrison explained the City of Ashland has received an award from the League of Oregon Cities for 50 years of membership to the CCIS Employee Benefits Services Trust.
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2. Mayor's Proclamation of International Women's Day.
Proclamation was read aloud by Councilor Hartzell.
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3. RVCOG Annual Presentation.
Michael Cavallaro with the Rogue Valley Council of Governments (RVCOG) gave the annual presentation to the Council. He submitted a written report and provided a financial overview. Mr. Cavallaro noted the active programs and projects listed in the report and commented on the services RVCOG provides.

Mr. Cavallaro also provided an update on Regional Problem Solving. He commented on the value of having a regional plan and clarified they are trying to plan ahead for a doubling in the regions population. He stated the draft plan is complete and they will be taking the plan and the participant agreements before the Oregon Land Conservation and Development Commission in June 2008.

Mr. Cavallaro indicated he would make the most recent version of the plan available electronically within the next two weeks.

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CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Should Council reset the date of the continued SDC appeal hearing from March 4, 2008 to March 18, 2008 and notify the appellant of the revised date?
3. Should the Council approve the revised First Amendment to the Development and Security Agreement between City of Ashland, Craig Bramscher and Brammo Motorsports, LLC?
4. Will the Council approve Amendment 1, Addition of Phase II Transit Review and Update in the amount of $41,260 to the HDR Contract for the Transportation System Plan (TSP) Update?
5. Will the Council, acting as the Local Contract Review Board, consent to enter into a public contract with Health Future for Third Party Administrative Services for Worker's Compensation?
6. Will the Council approve the first amendment of the contract with Harrang Long, et al., for legal representation through the July 2008 trial for the City in the MAA v. City of Ashland case, in the amount of $160,000?
7. Does the Council wish to approve a Liquor License Application from Helena Darling dba Helena Darling Catering LLC at 1000 Benson Way #103?
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Councilor Hardesty requested item #4 be pulled for discussion.

Councilor Hardesty/Chapman m/s to approve Consent Agenda items #1, #2, #3, #5, #6, and #7. Voice Vote: all AYES. Motion passed 6-0.

City Engineer Paula Brown provided a brief overview of the HDR Contract for the Transportation System Plan update. She clarified HDR has had two public events, and noted there would a separate public meeting for the transit piece. Council expressed interest in ensuring this transit meeting is well attended. It was also requested that more than 10 interviews be conducted.

Councilor Chapman/Hardesty m/s to approve Consent Agenda item #4. Voice Vote: all AYES. Motion passed 6-0.

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PUBLIC HEARINGS
1. Will Council approve the FY09 Capital Improvement Program (CIP) project list, the FY09 equipment purchases including replacements with hybrid vehicles and conceptually approve the overall FY09-14 CIP program?

Public Hearing Open: 7:44 p.m.

City Engineer Paula Brown presented the staff report and stated the goal of the Capital Improvement Plan is to ensure that the City's infrastructure is kept to the standard the Council has set. Ms. Brown provided a presentation on the FY09 Proposal and FY09-14 planned Capital Improvement Program. The presentation addressed CIP Planning, Historic Execution Rates, FY08 Current Year Highlights, the Proposed FY09 Program by Division and Proposed Project Lists, the FY09 Capital Equipment Purchase Plan, and highlights of the FY09-14 CIP Plan.

Regarding the Transportation Project List, Ms. Brown clarified how the City's receives SDCs. She also clarified the $30,000 allocated for the Park & Ride is the local match; however, Jackson County would be contributing to this requirement and the City might not have to spend this money.

Regarding LIDs and Storm Drain projects, Ms. Brown clarified the City would know whether they were awarded a grant for the Laurel Street project by May 2008. Request was made for staff to provide the LID prioritization list when the alley paving project (between Harrison and Morton) comes before Council.

Regarding the Water and Wastewater projects, Ms. Brown clarified the first steps of the Right Water for the Right Use program. She also elaborated on the Reeder Reservoir improvements and silt removal projects. Ms. Brown clarified the City would be fined if it does not complete the wastewater thermal improvements and noted it is not likely DEQ would assist with these costs.

Regarding the proposed facilities, Ms. Brown clarified her recommendation is include these projects for budgeting purposes, but to have them come before Council for approval. City Administrator Martha Bennett noted these projects are listed in the CIP because they are needed, however the funding discussion would need to take place in advance of these projects.

Councilor Chapman/Hartzell m/s to extend public hearing to 9:30 p.m. Voice Vote: all AYES. Motion passed 6-0.

Ms. Brown continued her presentation and noted that staff would need clarification on whether Council wishes to proceed with the purchase of hybrid vehicles.

Councilor Chapman questioned if there is an alternative to purchasing Crown Victoria patrol cars for the Police Department and noted their low miles per gallon. Ms. Brown indicated staff would work with the Police Chief to see if there is a suitable alternative. She also clarified she would return with further information regarding the hybrid SUVs.

Lynn Thompson/Budget Committee Chair/Shared concerns about to what extent the CIP is affected by budgetary constraints. She stated she is not questioning the importance of the projects, but stated this plan assumes that the City has the resources to complete them. Ms. Thompson questioned which projects are truly essential, which ones could be deferred, and where the flex points are so that if necessary trade offs could be made.

Ms. Bennett commented on the budget assumptions and stated if approved, staff would use the CIP figures in building the budget. She clarified these projects would still need to make it through the budget process.

Public Hearing Closed: 9:11 p.m.

Ms. Brown clarified the Facilities Master Plan should be completed by June 2008. Ms. Bennett questioned if there are particular projects the Council is concerned about and suggested Council separate these instead of holding up the entire CIP.

Administrative Services Director Lee Tuneberg provided an update on potential rate and fee increases and indicated a 1.25%-1.5% impact on rates each year.

Councilor Chapman/Silbiger m/s to accept the staff report, and 1) approve the Proposed FY09 CIP Projects for budget purposes and the overall FY09-14 CIP for planning purposes; and 2) delay the approval of the FY09 Capital Equipment Plan until more information is presented on hybrid vehicles and police vehicles.

Councilor Hardesty/Hartzell m/s to amend motion to defer decisions on the Police Department improvements and Fire Station #2 until the results of the Facilities Master Plan are available. DISCUSSION: Ms. Brown clarified if the motion is approved, staff would remove these items from the CIP and return to Council with a supplemental budget once the Facilities Master Plan is complete. Roll Call Vote: Councilors Navickas, Hartzell, Hardesty and Silbiger, YES. Councilor Chapman, NO. Motion passed 4-1.

DISCUSSION on motion as amended: Mayor Morrison requested the information regarding the hybrid and police vehicles be brought forward as soon as it is available, preferably prior to the budget process. Councilor Hardesty expressed discomfort in adopting the CIP through 2014. Councilor Hartzell commented on the benefits of long range planning and noted the Council would given the opportunity to decide whether a project actually moves forward. Roll Call Vote: Councilor Silbiger, Hardesty, Chapman, Hartzell, and Navickas, YES. Motion passed 5-0.

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PUBLIC FORUM
Rosanne Theiseson/
Shared her experiences with the containment of animals and voiced support for an anti-tethering ordinance.
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NEW AND MISCELLANEOUS BUSINESS
1. Does the Council want to authorize a contract with Batzer Construction for $298,344.00 to enclose the existing covered storage electric building located at the 90 N. Mountain Ave. complex?
Electric Director Dick Wanderscheid presented the staff report and requested Council authorize the contract with Batzer Construction to enclose the existing covered storage building located at 90 N. Mountain Ave. He presented pictures of the structure and noted this is a problem staff has been dealing with for several years.

Mr. Wanderscheid explained that two bids were received for this project; the low bid came from Batzer and staff has verified that it complies with the City requirements.

Mr. Wanderscheid briefly reviewed the email he submitted to the Council which responded to the questions raised by Councilor Hartzell.

Councilor Chapman/Navickas m/s to direct staff to enter into a contract with Batzer Construction for $298,344 to enclose the existing partially enclosed covered storage building. DISUCSSION: Comment was made that the pictures illustrate that this is a significant problem that needs to be addressed. Ms. Bennett clarified the long term viability of the entire property would be reviewed as part of the Facilities Master Plan. Roll Call Vote: Councilors Hartzell, Chapman, Silbiger, Navickas and Hardesty, YES. Motion passed 5-0.

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ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Does the Council wish to approve first reading of a proposed ordinance to revise AMC Chapter 2.12, which governs the Planning Commission?

Councilor Hardesty/Chapman m/s to approve first reading and move to second reading. DISCUSSION: City Attorney Richard Appicello read the title of the ordinance aloud. Councilor Hartzell questioned the rational of allowing non-Ashland residents to serve on the Planning Commission. She also requested clarification on the process for selecting the officers of the Commission.

Councilor Hartzell/Silbiger m/s to modify the ordinance to say that not more than two members may reside outside the City limits, but within the Urban Growth Boundary. DISCUSSION: Council briefly discussed the span of the Urban Growth Boundary and whether this amendment was appropriate. Roll Call Vote: Councilors Navickas, Hartzell, and Silbiger, YES. Councilors Hardesty and Chapman, NO. Motion passed 3-2.

DISCUSSION on motion as amended: Councilor Navickas suggested adding the following language from the previous draft of the ordinance: "Study needs of existing local industries with a view to strengthening and developing local industries and stabilizing employment conditions." Ms. Bennett noted these powers and duties were taken directly from state law and are referenced in Section 4(c) of the proposed ordinance. Councilor Navickas expressed interest in making sure this particular power is articulated in the ordinance.

Councilor Navickas motioned to amend ordinance to add a sixth item to Section 4(b) which states "Study needs of existing local industries with a view to strengthening and developing local industries and stabilizing employment conditions." Motion died due to lack of second.

Roll Call Vote on motion as amended: Councilors Chapman, Hardesty, Navickas, Hartzell and Silbiger, YES. Motion passed 5-0.

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NEW AND MISCELLANEOUS BUSINESS (Continued)
2. Does Council have feedback and direction about the current use of the Rogue Valley Transportation District (RVTD fixed route bus system and the Valley Lift program within Ashland and staff's budget recommendations for transit funding for FY 2008-09?
City Engineer Paula Brown presented the staff report. She explained at this time, the future of RVTD services and the definitive transit needs for Ashland are unclear, but for budgeting purposes, staff is recommending they continue on the same course as the past two years until new information is available. She clarified staff is recommending Council allocate $290,000 to the bus and transit system and increase RVTD's contract by 3.5%. She also recommended staff negotiate the contract with RVTD and bring it back to Council for approval.

Ms. Brown noted a letter staff received from an Ashland High School student thanking the City for the student bus passes.

Mary Wooding/727 Park Street/Noted she previously served as a RVTD board member and urged the City to continue to give funding to the transportation district.

Pam Marsh/696 Siskiyou Avenue/Noted she rides the bus several times a week from Ashland to Medford and commented on how important the bus is to a significant portion of the community. Ms. Marsh indicated 70% of the riders have no drivers license and have no other means of transportation. She noted Ashland is the only community that offers significant support to RVTD and urged the Council to continue this subsidy.

Staff clarified the Senior Center has given away all of their senior passes, however the school has enough to get them through the remainder of the year.

Councilor Chapman/Hartzell m/s to accept staff's budget recommendations for transportation and RVTD Services for FY08-09, and add an additional $1,000 in FY07-08 to the Senior Program for fare passes. Roll Call Vote: Councilors Silbiger, Hardesty, Hartzell, Chapman and Navickas, YES. Motion passed 5-0.

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ORDINANCES, RESOLUTIONS AND CONTRACTS (Continued)
2. Should the Council conduct first reading of an Ordinance titled, "An Ordinance Amending Chapter 18 of the Ashland Municipal Code, providing for revisions to definitions and zoning district classifications, providing for revisions to conditional use standards and general regulations for the following zoning districts: woodland residential, rural residential, single family residential, suburban residential, low density multi-family residential, high density multi family residential, North Mountain neighborhood, retail commercial, employment, industrial, health care services and Southern Oregon University; providing for revisions to chapters for tree preservation and protection, physical and environmental contraints, general regulations, site design review, partitions, performance standards option, parking, signage, procedures and enforcement, providing also for corrections to and adoption of official maps, including zoning and overlay maps in digital format"?
Item postponed to the March 17, 2008 Special Meeting.
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OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Does the Council wish to invite Mount Ashland Association and the Oregon Department of Environmental Quality to make a presentation about the performance and regulations related to the wastewater treatment plant at the Mount Ashland Ski Area?
Councilor Navickas indicated he does not feel there is adequate time to address this issue and noted the packet materials were missing pertinent information. Ms. Bennett stated staff has provided all the information they have and if additional data is needed Council needs to request it from Mt. Ashland Association or the Department of Environmental Quality (DEQ).

Councilor Hartzell/Navickas m/s to direct staff to write a letter to the DEQ requesting a report on the performance and regulations related to the wastewater treatment plant at the Mt. Ashland Ski Area. Roll Call Vote: Councilors Navickas, Hardesty, and Hartzell, YES. Councilors Silbiger and Chapman, NO. Motion passed 3-2.

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ADJOURNMENT
Meeting adjourned at 10:30 p.m.

April Lucas, Assistant to City Recorder
John W. Morrison, Mayor


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