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HomeMy WebLinkAbout1997-0304 Council Mtg MIN MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL • March 4, 1997 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hagen, Wbeeldon and DeBoer were present. Councilor Hauck was absent. APPROVAL OF MINUTES Minutes of the Regular meeting of February 18, 1997 were approved as presented. Councilor Reid pointed out that she would like it clarified on page 4 that she supported the language including the existing fee structure and safeguards proposed in the ordinance but disagreed with the application fee only. SPECIAL PRESENTATIONS & AWARDS 1. Presentation of 25 year Service Certificate to Police Capt. Mel Clements. Mayor Golden presented Capt. Mel Clements with a 25 year Service Certificate. She reflected he was an extraordinarily dedicated city employee working in the detective and communications division who had worked his way up through the ranks. The Mayor thanked Capt. Clements for all he has done for the city. • CONSENT AGENDA 1. Minutes of boards, commissions and committees. 2. Monthly Departmental Reports - February, 1997. 3. Approval of Liquor Licenses for 1997-1998. 4. Approval of Findings, Conclusion and Order on a seven lot subdivision under the Performance Standards Option located at 25 Westwood Street. City Administrator Brian Almquist requested Item No. 4 be pulled off the Consent Agenda and postponed to the March 18 as the paperwork had not yet arrived from the attorneys representing the applicant. Councilors Hagen/Reid m/s to approve consent agenda items numbers 1, 2 and 3. Voice vote: all AYES. Motion passed. PUBLIC FORUM Linda Chesney, 215 Scenic/Requested the Roca Study Group be placed on the Council Study Session of March 19 and would like to make a presentation to council at that time. Joe Eckhardt, 108 Bush/Spoke at length about the protocol of the Public Forum and felt the forum was a closed process. He felt the Public Forum on the agenda was a far cry from either free speech or discussion with council, and does not feel there is any audience participation. He felt audience (Council Meeting 3/4/97) 1 participation of those called upon was biased in favor of council, especially on the evening when the Wilson-Broadus issue was discussed. Mayor Golden clarified for Joe Eckhardt that at the council meeting in question he had signed up to speak under Public Forum, and the Wilson-Broadus testimony came under the Consent Agenda and when his name was called to speak he had already left. Joanne Eggers, 221 Granite/Appeared as a representative of the Ashland Watershed Partnership and wanted to tell citizens about an upcoming event called New Years Flood of Creeks, Critters and Community on March 6 at 7:30p at the Community Center. The event is to better understand the nature and impact of past and present flooding where we live, focus on recent changes, and help prepare for any future floods. Andrea Haldane, 2081 Tolman/Expressed concerns over the proposed timber harvest. She said the area of concern is on a very steep slope with erosive soils and she is alarmed with the inconsistencies between the intended cut and the recommended practices prepared by Forest Service staff. She questioned the sustainability of forest resources, and the integrity of habitat of sensitive and endangered species of plants and animals. She urged council to request an extension from the forest services for public commentary which ends on March 27, which she felt was not sufficient time for informed consideration by citizens. Nicki Helvey, 4575 Highway 66/Wanted to invite council to a public hearing at Town Hall on March 12 at 7:00pm to discuss the Hazred (Ashland Watershed) project to talk about extending public comment period and address the issue of big old growth trees that have already been marked • for cut. Discussion followed amongst council with Don Laws reiterating the fire hazard factor. He spoke of the need to reduce the fire dangers as well as the erosion dangers and also consider the wildlife situation. He opined big trees did not need to be cut for fire hazard reduction. Public Forum closed at 7:30pm UNFINISHED BUSINESS 1. Memo from City Administrator regarding use of professional engineering services through RVCOG. City Administrator Brian Almquist read aloud memo from City Administrator dated February 28, 1997. He explained that most of the work the city does is contracted to outside engineering firms in the Valley. Councilor Wheeldon inquired as to the difference between an engineering project that needed to be signed on, and whether the city's engineering group is limited to certain types of projects. Acting Public Works Director Jim Olson clarified the City has an engineer's stamp on any project that goes out on public bidding. Exceptions to those projects are ones that have no structural or engineering details. He clarified that most of the larger projects are contracted out, mostly due to time constraints, with smaller ones carried out by the city. Ten years ago 95% of all engineering 2 (Council Meeting 3/4/97) I� work was carried out by the city, but as projects have become more complicated and cumbersome they are contracted out. He explained another factor is that the city has grown and that has • increased staff time. Councilor Reid asked for an overview of what the engineering staff does within the city, and felt it important for citizens to know that the engineering staff is expected to and does a great deal of improvements within the city. She stated it is typical in some cities to have a chief engineer to oversee the engineering department who is not expected to be the Public Works Director but they make sure everything is in compliance with the policies of the city and often use their own stamp. Acting Public Works Director Jim Olson replied the city fulfills any type of public works project or improvement. If a project is contracted out, the city will still administer the contract. NEW & MISCELLANEOUS BUSINF.SS 1. Letter from the Patrons of Lithia Park requesting that council appeal to County Board of Commissioners to reconsider allocation of Historical Tax Fund for Lithia Park Restoration. (Postponed to March 18) This item postponed to March 18. 2. Discussion of Flood Restoration Bond issue and revised estimates for bonding. City Administrator Brian Almquist described the estimates of each of the 64 projects on the list. He read aloud figures compiled on the City of Ashland Flood Restoration Bond Issue using the • overhead projector for viewing and explained the process. Almquist clarified that dredging will not be required this year. He explained that when estimates were gathered just after the flood rough estimates had to be given to the County and the State in order to declare Jackson County a State and later on a Federal Disaster Area. Total City Costs $1,775,000 Total Parks Department Costs 400.000 Capital Project Total $2,155,000 Private Parks Donations ($50,000) Federal Highway Funding (219,000) Potential FEMA Funding - Assuming 50% of total (1,077,500) Contingency for Winburn Bridge/Channel design $450.000 Range of Bond Issue $808,500 $1,258,500 Mayor Golden explained the FEMA process wherein FEMA picks up a certain percent of what they determine the costs should be but often times outside contractors cost more. She also clarified that the city has to front costs before FEMA will reimburse the city. If money is not available to carry out the projects FEMA will not pay a portion. City Administrator Brian Almquist suggested to council that prior to the time the city goes to the bond market that a Public Hearing be held for the final costs to be shared with the general public • before the bonds are issued. He is hopeful the city will stay within the $800,000 figure or less. (Council Meeting 3/4/97) 3 Councilor Hagen pointed out to the people who had not yet returned their ballots that $2.6 million is substantially different than $1.2 million, and citizens should be assured that that is the figure and the • city will request only what is needed. Councilor Reid inquired as to the city's self-insurance policy and whether the city should look at some kind of insurance fund for future floods. City Administrator Brian Almquist clarified that some insurance proceeds have been received to repair the water filter plant and the Community Center, but this is a small percentage. He explained the city has a $50,000 retainer and additional coverage comes from the insurance company itself. In response to Councilor Wheeldon's question about whether the city had an emergency fund, he stated a better way would be to make improvements to facilities to prevent flood damage from occurring next time. Councilor Laws explained there are some reserve funds earmarked for specific purposes including self-insurance for some types of insurance which could be used to meet purposes on the list. The problem would be that if reserves were used the city could no longer self-insure, it would have to buy insurance to cover what the city is self-insured for, and that would cost more money to city taxpayers in the long run. Councilor Wheeldon stressed that the only things the bond money can be used for is flood restoration and future mitigation. She wanted to clarify the accounting and how the money can be kept track of. City Administrator Brian Almquist replied that when bonds are issued the city has to sign a bond covenant that covenants the city to spend those resources only on those covered expenditures that are included in the ballot title that the voters have approved. The money cannot be spent on anything other than those things that have been listed. He drew a parallel to the flood of '74 when the voters authorized $750,000 in bonds, the accounting was completed and only issued $600,000. Councilor Laws stressed that he would personally resign from the City Council if he found the money was being misused or spent on other purposes. Councilor DeBoer asked if it was in order to make a motion that if voters pass the bond that the council limit the bonded amount to $1,258,500. Councilors DeBoer/Reid m/s to stipulate that city would not leverage any funds above $1.2 million. Voice vote: all AYES. Motion passed. It was agreed by Mayor Golden that a Public Hearing should be held in the summer for citizens outside of the budget process to see exactly where the money is being spent. 3. Waiving of formal bidding requirements for mechanical removal of debris from Reeder Reservoir. City Administrator Brian Almquist reported that the reservoir will not have to be dredged. • Approximately 5,100 cubic yards of debris are in the reservoir which for the most part can be 4 (Council Meeting 3/4/97) reached with mechanical means but if the debris is not removed the reservoir will have to be sluiced. City Administrator Brian Almquist read aloud the memorandum from Acting Director of • Public Works Jim Olson. He stated there is a large snowpack on top of Mt. Ashland so it is imperative the city begin on the work immediately to get the material out of the reservoir. Councilor DeBoer assumed that a bid would not be necessary anyway as wages are set by the state, removing any bidding necessity. Councilor Laws felt that under the current circumstances an exception should be made to the formal bidding process. Councilor Wheeldon asked whether the Granite Street pit and the Glenview Drive pit feed out of the upper Watershed, and also inquired as to the extra disruption with the extra trucks in town. Councilor Hagen suggested the Sluicing Alternatives Committee be reconvened and that Tom Davis be involved. Councilors Reid/Wheeldon m/s that formal bidding requirements for mechanical removal of debris from Reeder Reservoir be waived and that work begin immediately. Roll call vote: Laws, Reid, Hagen, DeBoer, Wheeldon, YES. Motion passed. 4. Letter from Lloyd Haines, Attorney at Law, requesting an investigation of city actions prior to and during the flood of January 1-3, 1997. • Lloyd Haines, 51 Water St/Wanted to thank the Mayor for her response and consent and the city's cooperation to his letter. He stated he was proud to live in Ashland which keeps citizens involved. He would be happy to discuss any protocol that needs to be established either at a council meeting or later date. Bruce Roberts, 237 Granite/Owns Gateway Real Estate on the Plaza. He reiterated he was not there to point fingers but felt an independent assessment could help alleviate problems and plaza merchants would feel more comfortable. Ron Roth, 6950 Old Highway 99S/Wanted to thank Lloyd Haines for writing the letter and the Mayor for her response. He wanted to clarify any unanswered questions and felt an independent assessment would also help prepare for the future. Councilor Reid felt the council should not have anything to do with paying for or appointing the panel as then it would no longer be independent. She said the city should provide any information needed and that staff be made available. She saw it as very important the city council not appoint or fund the committee, or it would be seen as a way to control it. She felt city records should be open to the public and she would be opposed to council trying to shape the process. Councilor Wheeldon felt the council should share in funding and felt it necessary for city and merchants to participate together in order to build trust around all the issues. • Councilor Hagen felt doors should be wide open and a judgment will reflect what the data shows. (Council Meeting 3/4/97) 5 Lloyd Haines added that he felt that if the purpose of the facilitator is to frame the methodology of how process will work then they are in support of that. However, if the purpose of the facilitator is • to frame issues as to questions that can be asked that would not be acceptable. The first choice would have been with the consent of the city, merchants and building owners to appoint an independent panel, and for them to report back in 60 days. Councilor DeBoer concurred with Councilor Reid and felt it was not necessary to spend any money for facilities and the plaza merchants should form their own group, with the city assisting them with what they need to make it an open process. Mayor Golden expressed her reluctance to use existing city staff who are busy with flood issues, but she felt outside people could be brought in at a minimal cost to the city and the merchants. She agreed to meet the next day with Lloyd Haines to discuss the process. Councilor Laws felt it in everyone's best interests that Lloyd Haines set the entire system up, and the city would make records and personnel available. Mayor Golden suggested that either choices proposed would work fine for her. Everything is public record and Lloyd Haines is welcome to it. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. First reading by title only of "An Ordinance Amending Chapter 2.41 to Remove Mandatory Contribution and Expenditure Limitations by Candidates for City Offices." • Councilors Hagen/Wheeldon m/s to approve first reading and place on agenda for second reading of "An Ordinance Amending Chapter 2.41 to Remove Mandatory Contribution and Expenditure Limitations by Candidates for City Offices." Roll Call vote: Laws, Reid, Wheeldon, DeBoer, Hagen, YES. Motion passed. 2. First reading by title only of "An Ordinance Adding Chapter 13.02 to the Ashland Municipal Code to Clarify Jurisdiction of Public Rights-of-Way Within the City." Darlyn Adams, 189 Westwood/Stated that any time a public right-of-way is dedicated and accepted, the accepting agency has the continued responsibility for maintenance. She feels if the city has failed to do so then it has violated the public trust. She said that apart from the Tidings' Regular Meeting notice of City Council that no citizen was informed and given time to comment. She stressed she has not had a response to her questions directed to Councilors Laws and Hagen as to who would pave the east side of Westwood since it is the city's right-of-way. Councilor Ken Hagen indicated he is investigating that issue at this time. Robert Connard, 570 Nyla Lane/Feels the Memorandum from the City Attorney and Ordinance adding Chapter 13.02 to the Ashland Municipal Code does not clarify jurisdiction of public rights- of-way within the city. He read aloud excerpts from Chapter 13.02.020, and 13.02.050. He perceives this as contradictory and the city should take care of the rights of way. • City Attorney Paul Nolte clarified there are some streets that are not yet in existence. 6 (Council Meeting 3/4/97) Councilor Hagen feels it makes sense to have section .050 in the Ordinance. He said there are streets and locations indicated for future developments, and the city needs to maintain that right-of- way. He stressed that until the land is ready to be developed the city will not curb and gutter and maintain. Councilor Reid asked about whether the city would be obligated to cut down the weeds under the Weed Abatement Ordinance to an improved street such as Central and felt .050 could be clarified for discussion. City Attorney Paul Nolte replied that under the Weed Abatement Ordinance the city is responsible. He also gave an another example when a garden had to be removed from an unimproved city street and the city claimed jurisdiction over that street. The right to regulate the right of way and the city could require them to remove the garden from the right-of-way. However, exercising that jurisdiction did not mean that the city would have to pave the street, which is what .050 states. He feels if this is a problem it can be removed but the city would still act in the same way, but this is an attempt to clarify. Councilor Laws feels the wording does not give the perspective that there are things the city will continue to do under the city's ordinances, and feels it should be reworded more carefully, rather than deleted. City Attorney Paul Nolte clarified that the chapter was proposed because there is not anything specific in state law or the city's charter or ordinance as to who has jurisdiction over the rights-of- way and how that is to be regulated. He stated this is a precursor to some significant changes in Federal law and now in the State Legislature regarding telecommunications and the right of telecommunications' vendors to use the public rights-of-way. He said that within the next year Council will be brought back a broad range telecommunications ordinance which will specifically state how telecommunicators can use the city's rights-of-way, what the permit will read, what the construction requirements will be, and whether there will be any compensation to the public for the use of the rights-of-way. Councilors Reid/Hagen m/s to approve first reading and place on the agenda Ordinance 13.02.050 for a second reading to include clarification. Roll Call vote: Hagen, Reid, Wheeldon and Laws, YES. DeBoer, NO. Motion passed. 3. First reading by title only of "An Ordinance Providing for Declaration of Emergencies and Authorizing the City Administrator to Order Measures in Response to Emergencies." Cate Hartzell, 881 E. Main/Asked if this was a direct response to the 1997 flood, and whether this covers fire and other emergencies. She inquired whether this is typical of other cities by passing police powers over to a city administrator. City Attorney Paul Nolte replied that in 1995 the Emergency Operations Procedure was adopted and at that time the plan was based on having an emergency powers ordinance in effect. It was never brought forward to the council at that time, but should have been forwarded with the Emergency • Operations Plan to cover all aspects of emergencies. He said it was modeled on the City of (Council Meeting 3/4/97) 7 Gresham's ordinance used by the League of Oregon Cities as a model for emergencies. He explained it is typical to delegate power to a certain officer, usually the City Manager or City • Administrator, mainly because in the event of an emergency it is difficult to gather council together in time. Councilors Hagen/Laws m/s to approve first reading and place on agenda for second reading "An Ordinance Providing for Declaration of Emergencies and Authorizing the City Administrator to Order Measures in Response to Emergencies". Roll Call vote: Wheeldon, Hagen, Laws, Reid, YES. DeBoer, NO. Motion passed. 4. Reading by title only of "A Resolution Setting a Public Hearing on the Formation of a Local Improvement District on Fordyce Street." Councilor Wheeldon inquired as to why the Millpond area is not included in the Resolution. Acting Director of Public Works Jim Olson clarified the Clear Creek subdivision not included as they conducted their own improvements. Councilor Reid stressed this was an example of standards that are no longer adequate. Many citizens who live in the neighborhood carried out improvements from a prior LID want to carry out new improvements that will be called for in the new LID. Councilors Reid/Hagen m/s to approve Resolution No. #97-09. Roll Call vote: Laws, Hagen, Reid, Wheeldon, DeBoer, YES. Motion passed. • OTHER BUSINESS FROM COUNCIL MEMBERS Mayor Golden spoke about the upcoming community Potluck and picnic on the Plaza on March 8 to thank volunteers. ADJOURNMENT Adjourned at 8:56pm C Li:L QQQ 9s. r n�es Be xecutive Secretary Catherine M. Golden, Mayor • 8 (Council Meeting 3/4/97)