Agendas and Minutes

City Council (View All)

Regular Meeting

Minutes
Tuesday, May 06, 2008

MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 6, 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, Jackson, Silbiger and Chapman were present.
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MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Morrison announced vacancies on the Airport, Forest Lands, Public Arts, and Tree Commissions.
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SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of April 14, 2008 and Regular Council Meeting of April 15, 2008 were approved as presented.
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SPECIAL PRESENTATIONS & AWARDS
1. Does the Council wish to accept the recommendation of the Citizen Library Advisory Ad Hoc Committee (CLAC) to place a measure on the November 2008 ballot to levy up tp 25 cents per $1000 assessed property value to provide for enhanced library services through 2013?
Citizen Library Advisory Ad Hoc Chair Pam Vavra presented the Committee's recommendation to place a measure on the November 2008 to levy 25-cents per $1000 assessed property value to provide for enhanced library services through 2013. Ms. Vavra explained there was insufficient time to craft a proposal for permanent library funding in time for the November ballot. She noted the Committee's desire to get in sync with the County's funding cycle and to avoid double majority requirements. She stated the Committee determined the only mechanism that could provide a permanent funding solution would be the establishment of a Library District, but neither Jackson County nor the other municipalities in the valley were ready to pursue this option.

Ms. Vavra commented on how the 25-cent amount was determined and clarified the Committee gathered information from library staff, City staff, County Administrator Danny Jackson, and the public. She also noted Danny Jordan had indicated County funding would be available to sustain the current levels of library operations for the foreseeable future.

Staff requested direction from Council on whether to place this matter before the citizens at the November election. City Administrator Martha Bennett clarified staff would provide a complete funding estimate should the Council decide to move forward with this

Councilor Hartzell/Jackson m/s add this to the agenda for discussion under New Business. Voice Vote: all AYES. Motion passed 6-0.

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2. Does the Council wish to adopt a resolution opposing the Bureau of Land Management's (BLM's) preferred alternative for the Western Oregon Plan Revisions (WOPR)?
Lesley Adams representing Klamath-Siskiyou Wildlands Center (KS Wild) spoke regarding the proposed resolution. She provided a brief overview of the Western Oregon Plan Revisions (WOPR) and explained the Bureau of Land Management (BLM) is proposing to remove 2.5-million acres of public forests from the Conservation Strategy of the Northwest Forest Plan. She stated the proposed options would dramatically increase old growth logging; reduce protections for salmon bearing streams, increase fire hazard, and decrease forest resiliency. Ms. Adams clarified this proposal would not apply in the Ashland Watershed, but would affect areas the BLM manages both west and east of Ashland.

Ms. Adams clarified there has been quite a bit of momentum building against the WOPR since the comment period ended in January. She noted the final Environmental Impact Statement is expected out this fall, and stated it is important during this interim time to continue to communicate their dissatisfaction.

Ms. Adams commented on the areas that would be affected by the proposal, including the dramatic impact this would have on the Applegate valley.

Councilor Hartzell/Silbiger m/s to move this agenda item to Ordinances, Resolutions and Contracts. DISCUSSION: Comment was made questioning if the Council could take action at this time. Ms. Bennett clarified Council could take business in any order they choose. Motion was withdrawn.

Councilor Hartzell/Navickas m/s to approve Resolution #2008-11. DISCUSSION: Councilor Jackson voiced preference to support the County's recommendations and felt the proposed resolution only addressed Option 2. Councilor Chapman stated he does not support allocating time staff to re-write the resolution, but questioned the wording in Section 2(a).

Councilor Hartzell motion to amend Section 2 to read "... to pass legislation that: Establishes funding based on ecosystems such as..." Motion died due to lack of second.

Roll Call Vote on Original Motion: Councilors Hartzell, Jackson, Chapman, Hardesty, Navickas and Silbiger, YES. Motion passed 6-0.

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3. Mayor's Proclamation of May 11-17 as National Historic Preservation Week.
Proclamation was read aloud by Mayor Morrison.
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CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to approve a Liquor License Application from Bob Robertson dba Miguel's of Ashland?
3. Does the Council wish to renew the EMS Account Services Intergovernmental Agreement with the City of Springfield, Oregon, for ambulance service billing services?
4. Does the wish to renew the Jackson County Supervising Physician Intergovernmental Agreement for clerical support of the Supervising Physician Program?
5. Does the Council wish to approve the Ambulance Operator's License renewal for Ashland Fire & Rescue?
6. Will Council approve a contract with HBH Consulting Engineers to conduct a traffic impact analysis for the possible future closure of Glenn Street?
7. Will Council, acting as the Local Contract Review Board, accept a bid from D. Britton Enterprises and award a contract in the amount of $118,156.16 for construction of the East Main Rail Crossing Improvement Project No. 2005-15A?
8. Will Council approve a contract between the City and Carollo Engineers P.C. for Final Design and Engineering Services - Talent Ashland Phoenix (TAP) Intertie Waterline Extension and Pump Station in the amount of $699,229?
9. Will the Council, acting as the Local Contract Review Board, consent to enter in three individual public contracts with Rhodia, Brenntag, and Univar for chemicals used at the Water Treatment Plant?
10. Will the Council, acting as the Local Contract Review Board, consent to enter into three individual public contracts with Brenntag, Cascade Columbia, and Univar for chemicals used at the Waste Water Treatment Plant?
11. Should the Council approve the appointments and reappointments as recommended by the Board of Directors for the Ashland Community Hospital?
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Council requested items #6, #8, and #9 are pulled for discussion.

Councilor Navickas/Hartzell m/s to approve Consent Agenda items #1-5; #7; and #10-11. Voice Vote: all AYES. Motion passed 6-0.

Interim Public Works Director Jim Olson commented on the proposed contract with HBH Consulting Engineers to conduct a traffic impact analysis. He provided some background on this issue and explained the closure of the Glenn Street railroad crossing is no longer an immediate threat. Mr. Olson commented on the scope of this traffic impact analysis and stated the following intersections would be included in the study: 1) Orange Avenue/Laurel Street, 2) Laurel Street/Hersey Street, 3) Laurel Street/North Main Street, 4) Hersey Street/Wimer Street/North Main Street, 5) Glenn Street/North Main Street, and 6) VanNess Avenue/North Main Street.

Comment was made that the most serious problem is the intersection of N. Main/Wimer/Hersey. It was questioned if the City possessed information on this intersection so that they could avoid such a large study. Mr. Olson clarified ODOT has a limited amount of information and this study would expand on this. He noted the City has asked ODOT several times for funding assistance through grants, but they have all been turned down. He stated this study would provide the City with more definitive information that could be provided to ODOT with a renewed request for a grant proposal.

Comment was made that the only safe place currently available for pedestrians and bicyclists to cross N. Main Street is at Laurel.

Art Bullock/Commented on the scope, cost and task of this project. He stated the proposed traffic analysis would not answer the Council's question of whether it would be safe to close the Glenn Street crossing and divert traffic elsewhere. Mr. Bullock stated the proposed study would be video taped and felt this would be an unnecessary invasion of privacy. He also felt the cost of the study was far more money than they needed to spend.

Mr. Olson clarified there would be no video cameras used in this study, rather a person would be positioned at the intersection to conduct manual vehicle counts. He also clarified this study is primarily focused on how additional traffic would impact the level of service of these intersections.

Councilor Hardesty/Hartzell m/s that the study be redirected to concentrate on the Wimer/N Main/Hersey intersection and what to do about the stop light on Laurel Street. DISCUSSION: Mr. Olson clarified the City does not have funds set aside for this study, but they could possibly use unused LID funds. He commented that the best time to conduct this study would be when school is still in session, but at a time that also captures the traffic created by tourists. Councilor Navickas voiced support for not limiting the scope of the project and stated this study would be beneficial given the impacts associated with the Verde Village development.

Councilor Navickas motion to amend to include all of the intersections identified. Motion died due to lack of second.

DISCUSSION (Continued): Councilor Hartzell commented that the City does not have funds allocated for this study and voiced support for reducing the scope of the analysis. She suggested they wait on the other intersections until they have a problem. Mayor Morrison voiced support for the study as presented by staff and stated the scope of the analysis needs to be kept in tact in order for the study to be viable. Councilor Hardesty indicated she was willing to withdraw the motion, but hopes the study will provide enough ammunition to solve the intersection problems at N. Main/Hersey/Wimer. Motion was withdrawn.

Councilor Hartzell/Silbiger m/s to approve Consent Agenda item #6. Roll Call Vote: Councilors Navickas, Chapman, Silbiger, Hardesty, Jackson and Hardesty, YES. Motion passed 6-0.

City Engineer Paula Brown commented on the Talent Ashland Phoenix (TAP) Waterline Extension project. In regards to the City's budget, she clarified there is $50,000 in the FY08 budget, $250,000 in the FY09 budget, and $580,000 planned for FY10. Ms. Brown stated this would cover all of the costs for Carollo Engineers and the initial land acquisition. She added the permitting costs could be quite expensive and although these are unknown at this time, staff would have a better grasp of these costs at the end of final design.

Ms. Brown clarified there will be a bonding element for the construction stage of the TAP project. She stated 75% of these bonds will be paid back through SDCs and clarified the City has been collecting these SDC funds since 2002 and have approximately $1 million collected.

Councilor Navickas expressed concern that this may affect citizen's rates, and noted the work to the Wastewater Treatment Plant that still needs to be completed. Councilor Hartzell commented that this is a big step in this process and stated it was important for her to have an understanding of how this project would affect rates.

Ms. Bennett reminded the Council that they directed staff to bring this forward in January. She stated if the Council now wants to change direction, they need to clarify this to staff.

Administrative Services Director Lee Tuneberg clarified that to date, the City has not borrowed any money to finance the TAP. Ms. Brown added the City has spent just under $2.5 million for this project, with 75% paid through SDCs and 25% paid through rates. Mr. Tuneberg stated when the City moves forward with this project 25% would have to be paid through rates and fees and these would impact citizens' utility bills. He clarified this has been factored into the previous discussions staff has had with Council regarding future rate increases.

Councilor Hartzell/Navickas m/s to remove this item from consideration on the Consent Agenda and request additional information from staff. DISCUSSION: Ms. Brown clarified the Council had already pulled this item from the Consent Agenda. Motion was withdrawn.

Councilor Hartzell/Navickas m/s to table this item and request additional information from staff. Roll Call Vote: Councilors Navickas, Chapman, Hardesty and Hartzell, YES. Councilors Silbiger and Jackson, NO. Motion passed 4-2.

Councilor Hartzell withdrew her question regarding Consent Agenda item #9.

Councilor Hartzell/Chapman m/s to approve Consent Agenda item #9. Voice Vote: all AYES. Motion passed 6-0.

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PUBLIC FORUM
Art Bullock/Spoke regarding the Helman Baths LUBA case and requested the City speed this issue along and not move it to Circuit Court. He stated they could resolve this with one more LUBA hearing and requested Council direct staff to work with the parties involved.

Nick Frost/963 Tolman Creek Road/Commented on citizen participation, and stated this is not what it could be. Mr. Frost questioned why the Council had not come to a resolution on Ms. Rosen's anti-tethering campaign. He also indicated the City's legal consultant for a recent LUBA case did not seem to be prepared.

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NEW AND MISCELLANEOUS BUSINESS
1. Does the Council wish to accept the recommendation of the Citizen Library Advisory Ad Hoc Committee (CLAC) to place a measure on the November 2008 ballot to levy up to 25 cents per $1000 assessed property value to provide for enhanced library services through 2013?

Councilor Navickas/Jackson m/s to accept the recommendation of the Citizen's Library Advisory Ad Hoc Committee and take action to move towards placing the measure on the November 2008 ballot to levy up to 25-cents per $1000 assessed proposed value to provide for enhanced library services through 2013.

Councilor Silbiger/Jackson m/s to amend to have staff bring back necessary financial information to determine whether 25-cents is the amount needed. Roll Call Vote: Councilors Silbiger, Hartzell, Hardesty, Navickas, Chapman and Jackson, YES. Motion passed 6-0.

Roll Call Vote on Motion as amended: Councilors Silbiger, Hartzell, Hardesty, Navickas, Chapman and Jackson, YES. Motion passed 6-0.

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ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance relating to public parks, repealing Code Sections 10.68.050, 10.68.070 and 10.68.160"?
City Attorney Richard Appicello read the ordinance title in full.

Councilor Jackson/ Hartzell m/s to approve Ordinance #2952. Roll Call Vote: Councilors Silbiger, Hartzell, Hardesty, Chapman, and Jackson, YES. Councilor Navickas, NO. Motion passed 5-1.

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2. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance Amending the Ashland Municipal Code, Chapter 10.115, Tenants Rights, Amending Section 10.115.080, relating to fines"?
City Attorney Richard Appicello read the ordinance title in full.

Councilor Jackson/Hartzell m/s to approve Ordinance #2953. Roll Call Vote: Councilors Chapman, Hardesty, Silbiger, Jackson, Navickas and Hartzell, YES. Motion passed 6-0.

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3. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Chapter 9.24, Removal and Disposal of Non-Certified Woodstoves and Fireplace Inserts, amending Section 9.24.055, relating to fines"?
City Attorney Richard Appicello read the ordinance title in full.

Councilor Hartzell/Jackson m/s to approve Ordinance #2954. Roll Call Vote: Councilors Hartzell, Navickas, Jackson, Silbiger, Hardesty and Chapman, YES. Motion passed 6-0.

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4. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Section 10.100.010, Social Gambling and Social Games"?
City Attorney Richard Appicello read the ordinance title in full.

Councilor Silbiger/Jackson m/s to approve Ordinance #2955. Roll Call Vote: Councilors Navickas, Silbiger, Chapman, Hartzell, Jackson and Hardesty, YES. Motion passed 6-0.

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5. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance amending the Ashland Municipal Code, Section 2.28.270, City Attorney Duties"?
City Attorney Richard Appicello read the ordinance title in full.

Councilor Chapman/Jackson m/s to approve Ordinance #2956. Roll Call Vote: Councilors Hardesty, Jackson, Hartzell, Chapman, Silbiger and Navickas, YES. Motion passed 6-0.

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6. Should the City Council conduct and approve Second Reading of an Ordinance titled, "An Ordinance relating to Solicitation, requiring no trespass signs, limiting solicitation hours, and repealing Code Chapter 6.24 concerning peddlers"?
City Attorney Richard Appicello read the ordinance title in full and suggested Section 6.24.020 is modified to read: "6.24.020 Business license tax. Nothing in this Chapter exempts or excuses any person or entity from the requirements of the business license tax ordinance, AMC Chapter 6.04."

David Berger/575 Auburn Street/Thanked the Council for moving this item forward.

Art Bullock/Stated this ordinance would result in gaudy signs posted all over the neighborhoods and voiced concern that signs would need to be posted at the property line. Mr. Bullock stated the ordinance was unconstitutionally vague and very "un-Ashland like".

Councilor Navickas commented on Article I and Article IV of the United States Constitution and stated the Council should consider these and not pass the proposed ordinance.

Councilor Navickas/Hartzell m/s to remove Section 6.24.030 Criminal Trespass from the proposed ordinance. DISCUSSION: City Attorney Richard Appicello stated the City's Municipal Code currently contains similar language and this section was intended to simply provide clarity. Councilor Silbiger voiced support for the proposed ordinance. He stated citizens should have the right to post a sign that they do not want to be bothered and this should be honored. Councilor Jackson also voiced support for leaving this language in for clarity.

Councilor Jackson motion to call for the question. Motion died due to lack of second.

DISCUSSION (Continued): Councilor Navickas commented that it is a fundamentally protected right for individuals to canvass door to door for political reasons. Roll Call Vote: Councilor Navickas, YES. Councilors Jackson, Chapman, Hardesty, Hartzell and Silbiger, NO. Motion failed 5-1.

Councilor Chapman/Jackson m/s to approve Ordinance #2957 as amended and read by the City Attorney. Roll Call Vote: Councilors Jackson, Chapman, Hardesty, Hartzell and Silbiger, YES. Councilor Navickas, NO. Motion passed 5-1.

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UNFINISHED BUSINESS
1. Will Council approve a contract between the City and Carollo Engineers P.C. for Final Design and Engineering Services - Talent Ashland Phoenix (TAP) Intertie Waterline Extension and Pump Station in the amount of $699,229?

Councilor Silbiger/Jackson m/s to take this item off the table for discussion. Voice Vote: Councilors Hardesty, Jackson, Silbiger and Chapman, YES. Councilors Navickas and Hartzell, NO. Motion passed 4-2.

Councilor Silbiger/Jackson m/s to approve contract between the City and Carollo Engineers P.C. for Final Design and Engineering Services - TAP Intertie Waterline Extension and Pump Station in the amount of $699,299. DISCUSSION: Councilor Navickas commented that it is irresponsible to continue with this project given the City's budget issues. He noted they still have not addressed the improvements for the Wastewater Treatment Plant and recommended the Council consider how this project would impact citizen's rates. Councilor Hardesty expressed concern with the amount of money being spent on this project. She acknowledged that much of this would be funded by SDCs, but noted that development has slowed down in Ashland. Councilor Jackson stated the City would need this water in an emergency and stated she does not support stopping the engineering work. She noted the Council could choose to defer construction once they reach that stage. Councilor Hartzell stated the City is ahead of schedule for this project and questioned why this needs to completed prior to 2016. Ms. Brown clarified the action in front of the Council tonight is approval of the design phase, and she agreed that the Council could choose to postpone the decision for construction. She stated the study that was completed showed the City would need this water by 2016 and if they wish to meet this deadline they need to leave a 2-year window to complete construction. Councilor Jackson noted the longer they wait, the more expensive it will be to construct this. Councilor Chapman stated he would rather the City focus on water re-use. Roll Call Vote: Councilors Jackson and Silbiger, YES. Councilors Hardesty, Navickas, Hartzell and Chapman, NO. Motion failed 4-2.

City Administrator Martha Bennett requested clarification on the information Council needs from staff. She stated if Council wants to stop this project, staff needs to know. Councilor Hardesty stated she would like additional information on alternatives and the water use assumptions for 2016. Suggestion was made for the Council to hold a Study Session on this matter. Ms. Bennett indicated it would likely be this fall before a Study Session could be held and requested Council submit information to staff on what their issues are.

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OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
Councilor Jackson provided a brief update on the Regional Problem Solving Committee and stated the plan should be ready to come to the City Council for a Study Session in late June. She also noted the Postal Service would be conducting a food drive this weekend.

Councilor Hartzell commented on Jackson County's 10-year plan to end homelessness and noted the plan would be presented to the County Commissioners in June.

Councilor Navickas noted the Forest Lands Commission is organizing a hike to the Winburn Parcel on May 31, 2008.

Councilor Chapman noted this weekend is the annual Bike and Skateboard Swap. He also noted the Conservation Committee is working towards making July 4 parade "cleaner and greener".

Councilor Silbiger provided a brief update on the Airport Commission and noted Airport Appreciation Day is scheduled in June. He also noted the Rogue Valley Council of Governments Committee is having a retreat to discussion direction and participation from local governments and regional cooperation, and stated he could forward any suggestions or comments the Council may have.

Councilor Hardesty noted the Facilities Master Plan committee would be conducting open houses of City facilities May 13, 14, and 16.

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ADJOURNMENT
Meeting adjourned at 10:18 p.m.

Barbara Christensen, City Recorder
John W. Morrison, Mayor


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