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HomeMy WebLinkAbout1999-0907.REG. MIN. MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 7, 1999 Civic Center Council Chambers, 1175 E. Main Street PLEDGE OF ALLEGIANCE Mayor Shaw called the meeting to order at 7:00 p.m., in the Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hanson, Wheeldon and Fine were present. APPROVAL OF MINUTES The minutes of the regular meeting of August 17, 1999 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Y2K Preparedness Presentation Barbara Jarvis, and a group of her neighbors, explained what their neighborhood has done to prepare for Y2K or other potential emergencies. Stated that they began using e-mail and flyers to connect with neighbors, and held a potluck to bring the neighbors together. Stated that the experience was a very positive experience with over 50 adults and 20 children attending. Stated that connecting with the neighborhood has been valuable, and would help in preparing to deal with a flood, fire, Y2K or other such incidents. Recognized the value of the Certified Emergency Response Team (CERT) program offered by Ashland Fire Department. Discussed the neighborhood included in the CERT program, and the use of triangle signs in assessing the condition of residents in neighborhoods, noting that although the Fire Department needs to physically assess things separately, the signs would still be of value in identifying houses with critical needs. Also discussed the Y2K book in use in Portland. Requested that the council join with the CERT Program for a fee of $50 to purchase Cygnus Emergency Response triangles and the Y2K books. Suggested that $2000 would probably provide signs for every house in town. Wheeldon cautionedthe possibility of disorganization if triangles were distributed into neighborhoods that are not aware of this communication system or are not organized. Suggested that signs need to be distributed to organized groups only. Shaw suggested providing signs to neighborhoods if requested. Laws commented that neighborhoods should be dealt with on an individual basis and to look further into the Fire Department CERT program. Fine explained that there with be a CERT presentation to council in the autumn, and the feasibility of citywide use of the triangles could be discussed at that time. Fine noted he would abstain from voting to allocate money for signs as the sign maker, Wayne Schumaker, is a client. Councilors Hanson/Reid m/s to approve $50 expenditure in order to support this neighborhood in securing these triangles to be used in their neighborhood. Voice Vote: All AYES. Motion passed. Jarvis noted her neighborhood's willingness to help any others trying to organize, and stated that she was in the phonebook and would welcome calls. CONSENTAGENDA 2. 3. 4. 5. Minutes of Boards, Commissions and Committees. Monthly Departmental Reports. Liquor License Application from Sharon Hull dba/The Boudashery LTD. Sign two Final Airport Hangar Land Lease Agreements. Approval of Street Cut on Pinecrest Terrace to Install a Residential Gas Service at 1488 Pinecrest Terrace. Granting an Access and Utility Easement to Eugene and Patricia Hardwick. September 7th, 1999 Regular Meeting 1 Items #1 and #6 were pulled and placed under "New & Miscellaneous Business". Councilors Reidatauck m/s to approve items #2, 3 and 5 of the Consent Agenda. Voice Vote: All AYES. Councilors Wheeldon/Hauck m/s to approve item #4. It was noted that Councilor Fine would be abstaining, and he submitted the following statement for the record: "In my law practice I represent two of the tenants in this draft lease, Tara Labs, Inc., and Bergs & Bond Properties. Although I have not represented either of them in relation to this matter, I am obliged nonetheless not to participate in Council abstaining and noting conflict of interest as he is the attorney for the tenants. Voice Vote: Laws, Reid, Hauck, Hanson, and Wheeldon: AYE; Fine: ABSTAIN. Motion passed. PUBLIC HEARINGS I. Public Hearing regarding withdrawing an annexed area (Washington Street)from Jackson County Fire District No. 5. Nolte provided background information for this item, and noted the requirements of the annexation process. Public Hearing Open: 7:28 p.m. No speakers came forward. Public Hearing Closed: 7:28 p.m. Mayor Shaw read ordinance in full. Councilors Wheeldon/Hanson m/s to approve first reading of ordinance and place on agenda for second reading. Roll Call Vote: Hanson, Hauck, Wheeldon, Reid, Fine and Laws: YES. Motion passed. 2. Public Hearing regarding design of Hillah Temple. Assistant City Administrator Greg Scoles introduced representatives from Berry Architects and proceeded to cover the steps that have been taken in getting to where we are today. Explained that council is now being asked to consider design alternatives for the Hillah Temple building. Noted the concerns that have been raised, and recognized the need for restrooms near the Calle, as well as a trash receptacle enclosure and parking spaces. Explained that the staff recommendation is for a single floor configuration with a combination flat roof/pitched roof entry design, and restrooms that are not attached to the building. Explained that financing and budgeting would be the next step, after council makes a design decision. Commented that staff had worked with neighbors in order to determine how they may be affected. Emphasized the importance of this site for its effect on views for Granite Street and the Plaza, as well as for its proximity to the Ashland Creek and Lithia Park. Architect Jack Berry presented diagrams that ranged from the basic design to the finished design, both single and two- story designs. Explained the steps that were taken and how ideas and concerns surrounding the Calle, restrooms, budget, etc. were incorporated into the concepts. Noted that a one-story building would not be has high as the current building and would likely not impact the view of the neighbors behind the building. Showed conceptual drawings detailing how the entryway and Calle might look. Stated that in some of the proposed schemes, there is a larger number of parking spaces allowed. Also presented schemes for addressing the Alice Piel Walkway. Noted that a one-story scheme is less expensive than a two-story, depending on the complexity of the design selected. C~unci~~rReidexpressedherc~ncernwithm~vingaheadwith~utinv~~vingtheHist~ricC~mmissi~n~ Scolesexplained that the Historic Commission has been consulted and presented with conceptual drawings. Scoles noted that some members of the commission did attend the public meetings and that when council makes a design decision then the Historic and Planning Commissions would be more formally involved. Scoles discussed the memo included in the packet detailing the foot traffic to the counter for the two departments involved. Also noted that re-zoning and site review would be needed, and gave price estimates as $1.5 million for the single story and $1.8 million for the two-story design. Reid noted her concern regarding using flat roofs on a public building. Berry explained that there would be drainage on the roof, by sloping it slightly, which would not allow the "ponding" of water typical on a flat roof. Shaw noted that snow can also be a consideration in Ashland. September 7th, 1999 Regular Meeting 2 Hauck brought up for discussion the possibility of placing restrooms in the middle of the Plaza now that there is room with the removal of the large tree behind the visitor information booth. Reid noted the possibility ofrestrooms in the building of the current City Hall near the walkway at the rear of the building. Discussion by council regarding the need for. and placement of, public restrooms. City Administrator Mike Freeman explained the difficulties surrounding renovating the back of the City Hall building. Berry clarified that the proposed schemes involving the stairs did not involve removing and replacing the Alice Piel Walkway stairs, but stated that he felt that replacement and/or enhancement of the stairs should be considered. PUBLIC HEARING OPEN: 8:03 p.m. Marilyn Briggs/590 Glenview Drive/Noted that the one-story scheme is very satisfactory. Stated that Director of Community Development John McLaughlin had confirmed for her that the Downtown Design Standards would apply here. Noted that she is a member of a committee working to present civic design standards, and explained elements in the proposal that met the standards being prepared. Paul Ross/52 Granite Street/Explained that he resides above the temple, noted letter he had sent the Mayor and Council on this issue, and also noted that he had contacted the State Historic Preservation Office in Salem. Contimed for Shaw that his concern is with the height of building and the effect an increase in height will have on his view. Confirmed for Shaw that the single story design with the entrance discussed would address his concerns. Briggs noted that the entry way in the proposed single story design was off-center, and would not block the view from the house, as it is more aligned with the Ross's yard. Tom OIbrich/2820 Quail Run, Talent/Speaking on behalfofDoug and Linda Smith, who reside at 60 Granite Street. Noted that he also had resided at 52 Granite Street for a time in the 1980's, and stated that the view of the flat roof and air conditioning unit on the Hillah Temple was the worst part of living there. Stated that any increase in height, even if it were aligned with the yard, would be bad. Read statement from the Smith's which noted concerns with: the height of building and obstruction of their view; unsightly and noisy air conditioning units; increased lighting disturbing their yard and home; an increased in parking on Granite and Baum Streets; the use of the parking space in front oftheir home; and the congestion and hazardous situations created by increasing traffic and parking in this area. Emphasized that this is the entrance to Lithia Park and as such it should be protected. Eric Navickas/711 Faith Avenue/Noted his background in architecture, and spoke of his support ofredesigning the Hillah Temple and the importance of maintaining the entrance to the park. Felt that the architects should have shown an entire streetscape to provide an understanding of how the building fits with the surrounding area. Requested that council give a lot of thought to the design of the proposed building, and suggested holding a competition to get other designs. William Sauers/55 Granite Street/Noted that he resides above the proposed building site. Commented that he felt that the current Hillah Temple blends into the area and that he is concerned with the suggested design concepts and they would fit into the entrance to the park. Noted concern with what may happen to the Alice Piel Walkway and that there have been no injuries that he is aware of, nor any complaints about the current stairway. Stated that he is not in favor of making any changes to the walkway. Express his support for a one-story building and reminded council that this is to be a public building. Ron Roth/6950 Old Hwy 99 South/Stated that there are a lot of design concepts to work out, and expressed his supports for a single story building. Noted his concern with the overall project, citing the need to look at the big picture that includes the area between the proposed building and the Calle. Emphasized the need for public restrooms downtown, and also noted the need for a trash receptacle area for the plaza merchants and that it should not be smaller than what is currently provided. Noted that he is very pleased with the overall design. Russ Silberger/562 Ray Lane/Noted the high cost associated with expanding City Hall and how this money could have been spent. Noted that the current budget only includes a $450,000 for the expansion of City Hall. September 7th, 1999 Regular Meeting 3 Shaw provided some background, noting that the committee that dealt with space needs believed hat the Hillah Temple was the best possible option. Clarified that the proposed one story concept would provide one additional parking space. PUBLIC HEARING CLOSED: 8:32 p.m. Staff recommends that council select a preferred alternative (Concept B, Site Scheme 2, Elevation Scheme I or III) and then direct staff to prepare financing program for consideration at the second council meeting in November. Council voiced consensus on Concept C. with Councilor Wheeldon voicing concern surrounding traffic issues and the proposed placement of restrooms. Councilor Reid voiced concern with choosing without conferring further with the Traffic Safety Commission and Historic Commission, and suggested that it may be premature to choose a favorite concept at this stage. Hauck clarified that the Historic Commission does not work in the design stage, but instead works from an applicant's design. Freeman explained that staff has reviewed Concept C and has voiced concerns with having a parking lot to the side of the building for safety issues, and also cited the disadvantage this design has in not utilizing the "one-stop shopping" counter idea by sharing a front entrance counter between two departments. Shaw explained her preference for Concept C, and suggested that further design work might be needed to look at the concerns raised. Fine noted that Scheme C did not exist during the open house, but actually came out ofMarilyn Briggs' response to the presented schemes. Suggested that this is a fitting tribute to the public process that the preferred design has arisen from citizen involvement. Laws suggested looking at the six employees who would be using the parking lot to determine whether there would be a traffic problem, as they would likely be entering and leaving at different times. Wheeldon noted the need to select a scheme that works for the people who work in the space. Questioned whether the dynamics and the internal floorplan could be worked on to combine the best of schemes B and C. Reid expressed her preference for a contemporary design that would be sympathetic to the historic district and the park. Berry clarified his liking for concept B, stating that the C scheme is too pretentious and should be courted as a civic building. Also noted that the design empties out onto a utilitarian space. Concluded that his main objection is aesthetic, as he feels that the building should look like it belongs. Councilor Laws changed his support from Scheme C to Scheme B, but says that he would like to see a better, three- dimensional rendition of C. Fine also requested atwo-dimensional streetscape diagram showing C. Berry clarified for council that they could provide computer-enhanced models. Shaw summarized that council would like to see work done to clear up the problems with the scheme C floorplan, and to have a model showing scheme C integrated into the streetscape, a three-dimensional rendition of scheme C, and a more broken-up rendition of scheme B. Freeman stated that he would speak to the architect and bring a revised schedule back to the council. 3. Public Hearing regarding vacating a portion of "A" Street easterly of Oak Street. Public Works Director Paula Brown explained that the purpose of this proposal is to un-encumber sections of the building which have been built out into the A Street right-of-way over the course of many years. Th requested vacation is along the north side of the street and is variable in width, from 11.0 feet to 6.0 feet wide, and contains approximately 0.9 acres. Staff recommends vacating a portion of A Street and reserving a six-foot pedestrian easement. September 7th, 1999 Regular Meeting 4 Alan Sandler clarified that there is a lot of landscaping going into the plan, and stated that they are encouraging public pedestrian access. Community Development Director John McLaughlin clarified for council that the public walkway will be at ground level, and the second story of the building will extend out over the walkway. Nolte clarified that the dates specified in the ordinance are not specified, and asked that the ordinance before council be changed to omit the first seven words "On the dates specified in this ordinance." Public hearing opened at: 9: i 7 p.m. No speakers came forward. Public hearing closed at: 9:17 p.m. Councilors Fine/Reid m/s to move the ordinance, as amended, to second reading. Roll call vote: Laws, Wheeldon, Hauck, Fine, Reid, and Hanson, YES. Motion passed. PUBLIC FORUM Eric Naviekas/711 Faith Ave/Presented council a previous statement made by the City of Ashland in 1979 regarding the Forest Service Interim Plan. Noted a previous timber sale near Wagner Butte, and stated that the Forest Service uses concern over fire hazard reduction as a means to extract timber in late successional reserve areas that would otherwise be protected. Discussed the HazRed Project, and the history of shaded fuel breaks and controlled burns. Stated that water quality should be the City's prime concern, while the Forest Service's primary interest is timber extraction, and stated that the City could stop the HazRed project until further studies are done. Wheeldon informed Navickas that there is work being done with Headwaters and the Rogue Institute to develop alternatives to the HazRed project, and suggested that Navickas attend an upcoming meeting to get involved in this process. UNFINISHED BUSINESS I. Official Notice to City Recorder and Filing of Intent to Veto Council Legislation by Mayor Catherine M. Shaw. Mayor Shaw submitted a formal statement to the City Recorder, noting that on August 7, 1999 the Ashland City Council passed a resolution by a 4-2 vote titled: "A resolution expressing the sense of the council with respect to the moral obligation of city government to help ameliorate the effects of certain decisions taken in the public interest." Shaw briefly outlined her objections to this resolution and reasons for a mayoral veto: This resolution as written does not specifically outline what the City would or would not do in a situation that may be interpreted as "deleterious effects upon specific individuals." In section one it infers that even where monetary compensation may be legal the city may have an obligation above and beyond that, contradicting the section three. There is no attempt to define what would constitute deleterious, moral, or "a step beyond what the law requires." I urge the council to think carefully before imposing any ordinances or resolutions that attempt to legislate moral obligations. Is this not a first step toward legislating other areas that society feels are our moral obligation? This resolution is simply a good-neighbor policy. The council and government should be dedicated to the principals of such by way of their oath of office. Do we need to legislate what we should be doing anyway? Resolutions, ordinances and contracts should be measurable, quantifiable concepts that help to guide both this and subsequent governing bodies. They should not be obscure, feel-good, politically-contrived words that lack substance and clarity. Reid clarified that that the meeting was the August 17th meeting, and stated that because she was absent the vote was 3-2. Laws confirmed this to be correct from the minutes. Nolte clarified that the charter specifies that the resolution is now automatically placed before the council for a vote, which would need to pass by a 4°2 margin to over-ride the mayoral veto. September 7'", 1999 Regular Meeting 5 Fine urged council to join him in voting to over-ride this veto. Stated that there are citizens who believe that the city cannot be trusted based on its recent track record, and this resolution is needed to begin to rebuild community trust in the council. Wheeldon stated that she had not heard any testimony that trust in the council is lacking. Shaw expressed her concern with legislating morality, and stated that actions speak much louder than words. Emphasized that morality does not need to be legislated and dictated to future councils. Reid noted the state statute that is in place to compensate anyone forced to move from a condemnation, and suggested that any further legislation is unnecessary and playing on the emotions of the community. Fine noted the history of this resolution, and explained that state law would only require the city to pay moving expenses. Fine stated that this is inadequate, and stated that the resolution is not a statement of overarching morality, but rather a statement that the city government will not trample upon individual rights. Wheeldon clarified that both she and Councilor Hauck were opposed to this resolution from the staff. Councilor Laws stated that he would support this item again, though the veto will not be over-ridden. Agreed with Fine that there is considerable sentiment in the community that the city has done many things poorly, unfairly and thoughtlessly. Stated that this resolution is not trying to legislate the type of morality suggested by the Mayor. Explained that this resolution is advocating fairness, and while it would do very little in concrete terms, he believes that there is value in a type of symbolism. Feels that the resolution could do no harm, and that the veto isn't necessary. Shaw explained that she has a problem with legislation that is basically about nothing, and with government deciding what is right and what is wrong. Hauck discussed legislating moral obligation without defining obligations as contrary to fairness, as evidenced in "tax fairness" decisions at the federal level. Laws commented that what the Federal government does is often for selfish interests, and that he is proud of Ashland in that he has never seen a councilor vote on the basis of selfish interest. Vote to approve Resolution #99-52. Roll call vote: Laws, Hanson, and Fine, YES. Reid, Hauck, and Wheeldon, NO. Motion failed 3-3. NEW AND MISCELLANEOUS BUSINESS 1. Council Meeting Look Ahead. Freeman stated that there is a study session coming up later in the week, and noted that he was available if there were any questions on upcoming agenda items. Councilor Reid requested additional information on other cities' experiences with green power. Asked that the City of Salem, Emerald Power, and other BPA utilities be contacted. Wheeldon asked for more history on council expenditures from the City Recorder for the study session, and asked that specific information be pulled for five years. 2. Acceptance of Pedestrian Easement through the Masonic Lodge Building, 25 N. Main Street. Nolte explained the documentation included in the council packets, noting that it is a pedestrian easement connecting the Calle and the Plaza. Nolte explained the complexity of this issue, and noted that the date of the easement would coincide with the issuance of a certificate of occupancy. Reid questioned the city' s responsibility in maintaining incurred with accepting this easement. Nolte clarified that the responsibility is identical to that of public sidewalks, meaning that responsibility falls on the adjoining property owner. Initially, this means the responsibility will fall to the developer, but that the city will clean and light the easement and pay for the electricity. Confirmed that the developer would install and pay for the lights. September 7th, 1999 Regular Meeting 6 Alan Sandlet/1260 Prospect/Confirmed that there will be public restrooms, available for tenants. Asked that if the Parks Commission does not grant Calle access, they be allowed to retain stairs on their property. Nolte stated his belief that this would be acceptable as long as there was no encroachment onto the Calle. Laws stated that there should be no problem as long as there was ADA access, and noted that the Parks Commission simply had not wanted encroachment onto the Calle prior to their decision on a final design. Councilors Reid/Wheeldon m/s to approve acceptance of pedestrian easement. Roll Call Vote: Reid, Hanson, Laws, Wheeldon, Fine and Hauck: YES. Motion passed. 3. Discussion regarding voting delegate for NLC meeting in December in Los Angeles. Hauck and Reid indicated their desire to attend, but noted that this needed to be discussed after a council expenditure policy was looked at. Laws/Fine m/s to approve Hauck as voting delegate if he attends, and to approve Reid as voting delegate if Hauck does not attend. Voice vote: All AYES. Motion passed. 4. Consent Agenda Item #1 Minutes of Boards, Commissions and Committees. Reid questioned the minutes indicating that Brown would be coming to Council to put together a team for the redesign of Siskiyou Boulevard and that this redesign would be tied to the jurisdictional exchange with ODOT. Brown noted that she and Freeman were meeting with ODOT, that no decision has been made, and that they will be coming before council at the next meeting with a formal presentation. Brown confirmed for Reid that the redesign could happen, but that if the city does not take responsibility for 4th Street through Walker ODOT will not change the cross-section of the boulevard. Councilors Hanson/Hauck m/s to continue the meeting to 10:30 p.m. Voice vote: All AYES. Motion passed. Reid noted her reservations about the city taking responsibility for a state highway. Wheeidon questioned whether this should be scheduled for a study session or a regular meeting. Freeman noted that no study session was available, and the matter is time sensitive and needed to be dealt with. Clarified that no decision will be expected of council at the time of the presentation. 5. Consent Agenda Item #6 granting an Access and Utility Easement to Eugene and Patricia Hardwick. Reid questioned this easement in terms of the big picture. Brown clarified that the city has the easement to extend Normal through to East Main, but that there is no vehicular access granted to the Hardwick property from East Main. Emphasized that this easement simply cleans up that discrepancy. Reid expressed her concern with dense urban development in conflict with the rural sites in this area. Wheeldon stated that easements aren't normally done in this way, and suggested that there was a need to annex. Laws noted that the council caused this problem in voting not to annex previously, and stated that it would be unfair to obstruct this person's opportunity to develop now. Wheeldon asked for information from McLaughlin on the big picture for development, and possibly annexation, of this area. Councilors Reid/Hauck m/s to approve consent agenda items #1 and #6. Voice vote: All AYES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading of "An Ordinance Withdrawing an Annexed Area from Jackson County Fire District No. 5 (Washington Street Annexation by Neuman)." (Dealt with under "Public Hearings" above.) September 7th, 1999 Regular Meeting 7 2. First reading by title only of "An Ordinance Adding Section 2.04.095 to the Ashland Municipal Code to Establish Fiscal Priorities for New Programs." Fine explained that the purpose of the proposed ordinance is to improve communication in telling the community how council expects to pay for new projects and programs. It will require council to identify potential modes of funding, and give the Budget Committee an idea of council priorities. Noted that the ordinance excludes minor and emergency expenditures. Emphasized that this will be appropriate given the financial stringency expected in coming years. Shaw questioned what problem, specifically, was being addressed by this ordinance. Laws reminded the council that the question was raised with the LID issue. Reid suggested that the existing process works, and stated that it may take time to find funding, but projects get done. Concerned with getting caught up in a frenzy to do things quickly and diverting funds from where they are needed in response to pressure from minority groups. Hauck indicated his general agreement with Reid, and questioned whether this ordinance was proposed primarily to address projects having revenue or tax impacts. Suggested that $40,000 does not really have this sort of an impact. Laws suggested raising the figure, and brought up how this ordinance would effect the building of the Hillah Temple remodel. Argued that under this ordinance, a funding source for renovations would have needed to be identified when the purchase of the building occurred. Wheeldon used the example of the fluctuation of the expense associated with the sewage treatment plant, and questioned how the proposed ordinance could be honored in a situation like that. Suggested that there are too many interwoven priorities, on multiple levels, and that projects should begin with an understanding of the need for the project and a vision. Stated that if a project begins with money, then you may never get to the vision. Hanson stated that he does not see how council can realistically enter into a project without determining funding. Noted the Calle discussions as an example, where initial estimates of around $1 million have now been raised to over $2 million, and stated that this ordinance is a good idea for this reason. Shaw questioned how this applied to the Calle, noting that if funding had been located for the $1 million estimate there would still be a need now to locate the additional funds. Laws stated that there is not a need to find the funding for the Calle until the Council actually adopts a plan addressing this item. Laws explained for Wheeldon that there would still be changes to respond to circumstances. Noted that in the case of the sewage treatment plant, funding sources were identified when the plan was adopted, and suggested that the lim it in the ordinance be raised from $40,000 to $100,000 or $150,000. Stated that there was adequate flexibility in the ordinance that it wouldn't create problems. Hauck reiterated that he believed the intention was to address items with significant impact on taxpayers or the city revenue strean~, and stated that $40,000 really is not in that scale. Fine conceded to change the ordinance from 0.5% to 1.5%, which would be about $122,000. Explained that the ordinance would provide options for funding, without tying the budget committee's hands. Noted the example of purchasing water rights at Lost Creek Dam, which the city has committed to without identifying funding sources. Also noted the TAP pipeline as another example of an item committed to without funding. Shaw cautioned council that when you require an elected governing body to say where the funding is coming from, you shill power to the staff. Under the current situation, council can identify priorities and direct staff to locate funding. Fine requested that the item be put off until the next meeting as "Unfinished Business." 3. First reading by title only of "An Ordinance Vacating a Portion of "A' Street Easterly of Oak Street." (Dealt with under public hearings above.) September 7th, 1999 Regular Meeting 8 Reading by title only of "A Resolution Setting a Public Hearing for the Final Assessment of the Westwood Street Local Improvement District to Provide for Improvements Consisting of Paving, Curbs, Gutters, Storm Drains, Sidewalk, and Associated Improvements, for the Extension of Westwood Street from its Existing Terminus at Orchard Street, approximately 1300 Feet Southerly." Councilors Hauck/Reid m/s to approve Resolution #99-56. Roll Call Vote: Hanson, Reid, Hauck, Fine, Wheeldon and Laws: YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Laws suggested that since the appeal was upheld on the off-site spraying facility, requiring the city to apply formally for a conditional use permit, it would be a good idea for staff to request an extension from the DEQ. Council concurred that this was a good idea. Wheeldon asked for council permission to meet with staff to discuss a potential celebration for the city's 125th anniversary this fall. Reid questioned whether there was money available through Oregon Economic Development and the Oregon Department of Transportation, and requested that the LID for sidewalks be brought back to the council to take advantage of the possible availability of state funds. Freemann~tedthattheF~restC~mmissi~nmeetingschedu~edf~rSeptember8mhasbeenreschedu~edt~the 15th. Reid noted that she is commission liaison, and stated that she will be gone that week. ADJOURNMENT The meeting was adjourned at 10:30 p.m. Barbara Christensen, City Recorder · Catherine M. Shaw, ~/~or September 7th, 1999 Regular Meeting 9 OFFICIAL NOTICE TO CITY RECORDER AND FILING OF INTENT TO VETO COUNCIL LEGISLATION BY MAYOR CATHERINE M. SHAW On August 7, 1999 the Ashland City Council passed a resolution by a 4-2 vote titled: A resolution expressing the sense of the council with respect to the moral obligation of city government to help ameliorate the effects of certain decisions taken in the public interest. I would like to briefly outline my objections to this resolution and reasons for a mayoral veto: 1. This resolution as written does not specifically outline what the City would or would not do in a situation that may be interpreted as "deleterious effects upon specific individuals." 2. In section one it inters that even where monetary compensation may be legal the city may have an obligation above and beyond that. contradicting the section three. 3. There is no attempt to define what would constitute deleterious, moral, or "a step beyond what the law requires."' I urge the council to think carefully before imposing any ordinances or resolutions that attempt to legislate moral obligations. Is this not a first step toward legislating other areas that society feels are our moral obligation? 4. This resolution is simply a good-neighbor policy. The council and government should be dedicated to the principles of such by way of their oath of office. Do we need to legislate what we should be doing anyway'? 5. Resolutions, ordinances and contracts should be measurable, quantifiable concepts that help to the guide both this. and subsequent governing bodies. They should not be obscure feel-good. politically-contrived words that lack substance and clarity.