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HomeMy WebLinkAbout1996-1105 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 5, 1996 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen, Wheeldon and Thompson were present. APPROVAL OF MINUTES The minutes of the Regular meeting of October 15, 1996 were approved with amendment to page 5, paragraph 6; first sentence should read; Councilor Hagen suggested "we as a society" ..... SPECIAL PRESENTATIONS & AWARDS 1. Presentation by Jan Janssen and LA CASA Committee regarding the proposed skatepark in Ashland. Presentation by member Eric Frye and Rubin Davis of LA CASA Committee (Community for Alternative Sports in Ashland) proposing a skatepark in Ashland. Council was given update on their activities on raising monies for the park and expressed high public interest. Explained that skateparks have been associated with bad media, but is a big part of youth culture which may help to deter youth from bad elements. Felt the park is a necessity in our area. Reported that the Parks Department has located an area for the park on Water Street, next to the recycling center. Explained that when LA CASA has finalized its plans for the park and are able to meet 50% of the needed funds, the city Parks Department has indicated their willingness to help with the additional 50% funding. Council questioned the use of the park and if this would help to lessen the skateboard use in areas that skating is prohibited. Davis felt that he could not guarantee that skateboard traffic would be less, but felt this could help. An estimate cost for the park is $75,000 to $100,000. Jan Janssen, Ashland Police Department, stated that this project has been youth inspired and youth driven. Commented that very seldom has youth been involved to this extent. Janssen reported that she is dealing more and more with skating youth that have no place to skateboard. If the park is built, it would be a very active park. Felt that the means is as important as the end and is a way to honor the communities commitment to our youth in keeping them active. Council Meeting 11-05-96 1 Davis reported that there would be posted rules for the skatepark. CONSENT AGENDA 1. Minutes of boards, commissions, and committees. 2. Monthly Departmental Reports - October, 1996. 3. Quarterly Report from Finance Director. 4. Report of Ferrero Geologic regarding feasibility of well for Oak Knoll Meadows subdivision/Oak Knoll Golf Course. 5. Letter from City Attorney to OWRD requesting re-notice of proposed final order for well in Oak Knoll Meadows subdivision. 6. Authorization for the Mayor and City Recorder to sign Quitclaim Deeds for two easements. 7. Confirmation of Mayor's appointment of Dartell Gee to Bicycle Commission. 8. Ad HOC Citizens' Communication Draft Plan. Councilor Hagen requested that items #4, #5 and #S be pulled, Councilor Wheeldon requested that items #2, #3 and #6 be pulled and placed under New and Misc. Business. Councilors Laws/Hagen m/s to approve consent agenda items #1 and #7. Voice vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Proposed levy of assessments of Oak Street Local Improvement District. PUBLIC HEARING OPEN: 7:27 p.m. City Attorney Paul Nolte reminded council that this was the time to hear testimony on written objections which had previously been filed. Nolte reported that there had been no written objections submitted. Mike Uhtoff/633 Roca/Spoke regarding his concern and question on how the Oak Street Local Improvement District came about and would have liked to have had discussion regarding the cost of the LID sooner. Pete Lovrovich, Director of Electric Department explained the choices regarding the undergrounding of utilities and how it was proposed to property owners. The property owners on the west side chose not to be included in the original proposed LID initiated by Lance Pugh. Lovrovich explained that because of the overall savings by doing the undergrounding of utilities on the west side at the same time the Oak Street LID was being completed, the property owners agreed to the expense of undergrounding. The expenses of the west side undergrounding was Council Meeting 11-05-96 2 not included in Oak Street LID and was treated as a separate project. Lovrovich reported that in order to remove all the poles on the east side they had to make a crossing to the west. It was the only way to accomplish the goal of the LID as far as the petitioner was concerned. Wheeldon questioned when the sidewalks would be completed and who was responsible. Lovrovich reported that property owner Lance Pugh, is responsible and has been notified with no response. PUBLIC HEARING CLOSED: 7:36 p.m. PUBLIC FORUM Care Hartze11/SS1 E. Main/Questioned the plan for removing and replacing trees on Ashland Street. City Administrator Brian Almquist reported to council that he has been speaking to Oregon Department of Transportation. Almquist also has spoken to the Tree Commission and it was determined that the trees do need to be removed because of the damage to the sidewalks and the possibility of liability. John McLaughlin, Planning Director reported that based on the proposed new designs for Ashland Street, the trees would need to be removed anyway. Because of acquiring additional right-of- ways, it would not be possible to leave the trees where they are. Susan Broadus-Wilson, Public Works Director reported that due to current work schedule, the trees are scheduled to be removed the end of November. Rick Landt/487 Rock/Reported that he had called the Planning Department previously inquiring about the saving of the trees on Ashland Street. Pointed out that there is no plan at this time for Ashland Street and questions the removal of the trees. Suggested that the city get easements for sidewalks rather than for trees so sidewalks could go around the trees. Felt that the emphasis should be on saving the trees. Volunteered his help in trying to save any of these trees and urges council to reconsider the removal of these trees. Almquist commented that Don Todt from the Parks Department has been consulted on this project. Explained that even if the sidewalk is moved 5 feet, it would still be effected by the growth of the trees. Landt requested that there be a second opinion done by a certified horticulturist. Council Meeting 11-05-96 3 Laws commented on his initial reservation on the removal of trees and after looking at proposals for redesigning Ashland Street thought it may be possible to save some of the trees. Laws would like to look at alternatives to possibly saving the trees based on the fact that there is no plan at this time for Ashland Street. Reid commented on past meetings where testimony was taken regarding the dangers that the trees have presented. Commented that there is a history of process concerning this issue and that there is a need to move forward rather continued discussion. Gave example of two types of worst government. One, where decisions are made without public input and two, failure to make decisions even with public input. Felt this falls in the second category, where public input has been taken over several years and council is still unable to make a decision. Reid does not agree with re-opening this process and possibly stopping the process. Hagen agreed that alternatives should be checked out and property owners contacted to see what may be done with the trees and sidewalks. Almquist clarified for council that the trees will continue to raise the curbs and paving on Hwy 66 regardless of where new sidewalk may be poured. The trees need to be removed which is concurred by the Tree Commission and Don Todt from the Parks Department. Council discussed the cost and need of repairing the sidewalks and the issue of removing the trees. Broadus-Wilson explained that waiting and or starting removal of trees on one side of the street would not impact the overall schedule of the Street Department. Council consensus that time would be made available in the next two weeks for Mayor Golden, Councilors Laws and Reid to meet and speak with those individuals involved and concerned with the removal/saving of the trees on Ashland Street. This issue would be placed on the next council agenda of November 12th. UNFINISHED BUSINESS 1. Decision on request for refund of appeal fee on P.A. 96-047 Birnam Woods Subdivision. Dorothy Smith/708 Indiana/Requested waiver or refund on appeal fee. Submitted letter to council outlining her request based on the errors she felt was made at the Planning Action level. Council Meeting 11-05-96 4 Wheeldon commented that the cost for the appeal should stand. Appeal has to do with those who feel there was a mistake done and it is difficult to backtrack on exactly where the situation took place. Hauck commented that this situation may be unique and confusing enough to warrant consideration of refund for the appeal fee. Council discussed and explained how planning actions may happen. Councilors Laws/Hagen m/s to deny request for refund. Roll Call vote: Reid, Hagen, Wheeldon, Thompson and Laws, YES; Hauck, NO. Motion passed: 5-1. NEW & MISCELLANEOUS BUSINESS 1. Proposals for the restoration of bus service for the City of Ashland. Council agreed to Councilor Laws proposal that staff publicize a Public Hearing for November 19th and that a committee composed of Councilors Laws, Hagen and City Administrator be empowered to negotiate a tentative agreement with one of the two proposers subject to council approval on November 19th. Council Hauck clarified that information in the newspaper stating that the proposal from RVTD would be cheaper than if the levy would have passed, is only partially true. He explained that all that is being done with either one of the proposals is trying to bring back the level of service to Ashland before the failure of the levy. Had the levy passed it not only would have been at the same level of service, it would have added an additional route and extended hours. Update by Cascade Earth Sciences, Ltd. on status of demonstration Wetlands/Soil Filtration Project. Waste Water Treatment Plan Coordinator, Paula Brown updated council on the conceptional design and the public awareness program for the Wetlands/Soil Filtration Project. Presentation on the public involvement aspect and project timeline. Timeline noted project management, public involvement, predesign, final design, construction, monitoring, maintenance, operation, evaluation and recommendation. Noted educational opportunities and physical access to the wetlands by providing trails. Commented on the need for community involvement. Representative from Cascade Earth Sciences presented picture of what the wetlands may look like. Council Meeting 11-05-96 5 Memorandum from City Attorney regarding city liability to employees for PERS pickup after the demise of Measure 8. For council information only, no action needed. 4. Recommended changes to LID policies. Public Hearing set for December 2nd Council meeting and requested that all information be made available to interested parties. Item #2, Consent Agenda - Monthly Departmental Reports - October, 1996. Pete Lovrovich, Director of Electric Department clarified for council the difference between consumption and demand on the graph in the Electric Departments report. Explained that demand and consumption is same, but that demand is based on overall cost. Stated that the method of pricing will be changing. Item #3, Consent Agenda - Quarterly Report from Finance Director. Jill Turner, Director of Finance clarified for council that the percentages is only on the very last line and that percentages normally don't add up. This fund is a reimbursement fund, where money is spent and then reimbursed by the Federal Government. Comments and discussion on how water is charged out and that this schedule needs to be revisited. Comments on how the purpose of the current schedule was to conserve water, not to take in additional revenue. Turner was requested to look at another rate schedule for water and report back to council. Item #4, Consent Agenda - Report of Ferroro Geologic regarding feasibility of well for Oak Knoll Meadows subdivision/Oak Knoll Golf Course. Council questioned the well output and projection of anticipation and requested update from staff on how to proceed. Councilor Laws questioned what would be the cost of irrigating the golf course if only treated water was used as an alternative if no other water source is available. Requested this information before a decision is made. Council Meeting 11-05-96 6 Item #5, Consent Agenda - Letter from City Attorney to OWRD for requesting re-notice of proposed final order for well in Oak Knoll Meadows subdivision. Paul Nolte, City Attorney reported to council that all was proceeding smoothly with the 45 day process request. Item #6, Consent Agenda - Authorization for the Mayor and City Recorder to sign Quitclaim Deeds for two easements. Councilor Wheeldon questioned easement on Water Street and why bridge was not widened to allow more pedestrian access. Why there is a need for the easement and if there is a chance to continue the sidewalk. John McLaughlin, Planning Director explained that this is a utility easement, which is required, and that the sidewalk issue would be addressed during the site review process. In a commercial zone there is less park rows because it is a different type of environment. Councilor Reid commented on the last easement that was given up and that she had asked if the easement could be used as a lever with property owner, Lloyd Haines. Reid reluctant to give up anything in this area without having a lever to get Central Street put in as soon as possible. Regrets giving up last easement because of this. McLaughlin stated that tying this property owner's easement with improvement on Central Street would be difficult. 10. Item #8, Consent Agenda - Ad Hoc Citizen's Communication Draft Plan. Communication Draft Plan will be presented and discussed at the next council study session on November 20th. Councilors Hagen/Reid m/s to approve items 2, 3, 4, 5, 6 and 8 of the consent agenda. Voice vote: all AYES. Motion passed. ORDINANCES, RESOLUTION8 AND CONTRACTS Memorandum of Understanding between City of Ashland and Ashland Parks and Recreation Commission for Wetlands Demonstration Project. Councilors Reid/Wheeldon m/s to approve Memorandum of Understanding. Voice vote: all AYES. Motion passed. Council Meeting 11-05-96 7 Reading by title only of a Resolution exempting the Wightman/Fordyce Improvement Project from standard competitive bidding procedures. councilors Wheeldon/Reid m/s to approve Resolution # 96-45. Roll Call vote: Laws, Hauck, Reid, Hagen, Wheeldon and Thompson, YES. Motion passed. Reading by title only of a Resolution reinstating PERS pickup for certain elected officials in order to comply with the invalidation of Ballot Measure S (1994). Councilors Hauck/Hagen m/s to approve Resolution #96-44. Roll Call vote: Hauck, Reid, Hagen, Wheeldon and Thompson, YES; Councilor Laws abstained. Motion passed. Authorization for City Administrator to sign Fund Exchange Agreement with ODOT for E. Main Widening Project. Councilors Hauck/Wheeldon m/s to authorize signing of Fund Exchange Agreement. Roll Call Vote: Reid, Hagen, Wheeldon, Thompson, Laws and Hauck, YES. Motion passed. Authorization for City Administrator to sign Engineering Services Contract for Phase I of the WWTP Upgrade Project. Councilors Hauck/Laws m/s to authorize signing of Engineering Services Contract. Roll Call Vote: Hagen, Wheeldon, Thompson, Laws, Hauck and Reid, YES. Motion passed. Reading in full of Resolution levying assessments of Oak Street Local Improvement District. City Administrator Brian Almquist read resolution in full. Councilors Hauck/Reid m/s to approve Resolution # 96-46. Roll Call vote: Wheeldon, Thompson, Laws, Hauck, Reid and Hagen, YES. Motion passed. Councilors Hauck/Reid m/s to add discussion regarding SDC's to agenda. Voice vote: all AYES. Motion passed. 7. Updated information regarding SDC's. Jill Turner, Director of Finance reported for council that going back to the City of Ashland's Comprehensive Water Plan in 1980, it put together a list of projects that were compiled down for the SDC project. In the report there was 43 projects listed and 14 of them had elements of growth. The population projection was reviewed and how it had been determined. It was determined that Council Meeting 11-05-96 8 looking at the growth and changing the population number was inappropriate. Larry Medinger, committee member commented that information presented to council had not been available to him and questioned the validity. Felt that staff was missing the point as to what he was talking about. He clarified that the idea was in changing from a 24 inch pipe to a 36 inch pipe coming down from the main water source. That the size is not sized to a 21,000 population but only practical. OTHER BUSINESS FROM COUNCIL MEMBERS None ADJOURNMENT Meeting was adjourned at 9:25 p.m. City Recorder Mayor Council Meeting 11-05-96 9