HomeMy WebLinkAbout1995-0418 REG MINMINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 18, 1995
CALLED TO ORDER
Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. Councilors
Laws. Reid, Hauck, Hagen, Winthrop and Thompson were present.
APPROVAL OF MINUTES
The Minutes of the two Executive Sessions held April 4, 1995 1) pursuant to O.R.S. 192.660(1)(e); and
2) pursuant to O.R.S. 192.660(1)(b) were accepted and the Minutes of the Regular meeting of
April 4, 1995 were accepted as amended with the following:
Page 6, section 3, paragraph 11: of Regular meeting of March 21, 1995: The idea of the wetlands is
to (insert: settle out the solids) and additional sentence after sentence ending ...large percentage of the
phosphorus ...The Brown and Caldwell proposed using wetlands to level out peak flows.
SPECIAL PRESENTATIONS & AWARDS
1. Mayor's proclamation declaring the week of April 16-23 as "Earth Week '95."
2. Proclamation supportlug creation of an independent presidential commission to re-examine our
nation's radioactive waste policy.
CAair Collins/315 High St/One of the authors of the proclamation spoke regarding radioactive waste to be
transported to a "interim" site in Nevada through Ashland, via Interstate 5, as early as 1998. She stated
that transporting does little or nothing to solve our nation's radioactive waste problem. There needs to be
onsik' containment, with containments that have yet to be devised. This should be the responsibility of the
govern ment.
(?onm~ents by Council Laws indicated that private companies should not be given the responsibility of being
in charge of transporting toxic waste.
MAY()R'S APPOINTMENTS
1. Arereal appointments and reappointments to City Boards, Commissions, and Committees.
Mayor clarified that she had not been able to confirm with Will Brown his commission on the Forest
Lands but would like to go ahead and approve even if he had not been contacted.
(~ouncilor Reid requested confirmation that there were no appointees serving more than two3asaT's.
Mayor Golden did not believe that there were any appointees serving more than two 3zea'rs.~ ~
Council Winthrop requested clarification on '95 which was indicated by almost all of the listed
appointees. It was pointed out that the '95 indicated the year in which the seat on the com~nission
term inated.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Departmental Reports for March, 1995.
3. City Administrator's monthly reporl- March, 1995.
Councilors Winthrop/Hagen m/s approval of items #1-#3 of the Consent Agenda. Voice vote:
all ayes. Motion passed.
4. Second reading by title only of "An Ordinance amending Sections 18.76.050, 18.76.070, and
18.08.390 of the Ashland Municipal Code relating to flag partitions."
Councilors Hauck/Hagen m/s approval adoption of item #4 of the Consent Agenda. Roll Call
vote: Laws, Reid, Hauck, Hagen, Winthrop, Thompson, YES. Motion passed.
PUBLIC HEARINGS
1. Request to amend the Procedures Chapter 18.108 of the Land Use Ordinance; reconciling other
sections of the Land Use Ordinance and the Municipal Code to these amendments; amending the
variance criteria and other sections in the Land Use Ordinance; and repealing Resolutions 73-38 and
88-20.
Councilor Reid requested that the public hearing be post-poned as she did not believe that proper notice had
been made. Because it refers to the appeal process for land use planning, it could change the appeal
process from Planning Comn~ission to the Council and would more likely generate more public input.
Council agreed to post-pone Public Hearing for two weeks.
PUBIAC FORUM
Business from the attdience not included on the agenda.
Steve Hall/1007 Walker Street/Spoke for Eric Dittmer regarding a Rogue Basin Water Resources
Conference being held at Southern Oregon College, Thursday and Friday, April 20-21, 1995 from 7pm to
10pro. All are encouraged to attend as there are excellent speakers regarding water resource planning,
water quality issues, etc.
Kenneth Fields/508 N Main/Voiced concern of widening of Main Street, his house is going to be
significantly effected. He felt the widening would only bring more traffic and that now is the time to stop
this prt~ject.
George Hutchinson/270 Wimer/Spoke in regards to the widening and left turn lane on Main Street. He
asked council to stand up to the Oregon Department of Transportation and to tell them what we really need
is a stop liglnt not a left turn lane.
Tom Howset/363 Grandview/Voiced frustration regarding his writing to O.D.O.T. and the governor
regarding widening of Main Street. He requested that council adopt a resolution stating that the standard of
warrants in order to obtain a traffic light is inhumane and send a copy to the governor to get more
attention. He suggested that there might be a community eftbrt put together to support this action.
Hector Alertran/135 Coolidge/He felt Council should stand up to O.D.O.T. and doesn't understand how
this project had gotten as far as it has.
City Administrator Brian Ahnquist reported that he had received a letter from O.D.O.T. regarding the
installation of a stop light and if the city could get/\mding they will move it further along on their list.
There will be ~ture meetings with O.D.O.T. and felt that the traffic light would be a reality in a year or
Councilor Thompson spoke again regarding his opposition to the widening of Main Street and questioned
City attorney as to the vulnerability of the city if it should decide to pull out completely from this project.
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City Attorney, Panl Nolte stated that there is an immunity for governments for discretionary decisions and
it is {~.l>.O.T.'s responsibility to cure the problem. If they stop the project, then it would be a matter of
O.D.{ ).T determining at a level where they can make those discretionary decisions so that they would also
be immune. The tact that this Council would approach them in effort to stop the project would not
increase liability on the city.
Cotmcilor Winthrop tblt it is within the Council's power to kill the project, which is the widening, but is
not sure what would happen in regards to the installation of a stop light.
Councilor Hagen stated that the hospital had been working with O.D.O.T. to get a left turn lane not
thinking a stop light was possible. Now, with the stop light possible perhaps the hospital board could be
brought into the discussion.
It was brought up that the widening project by O.D.O.T. had been delayed until Fall.
Councilor Laws encourages everyone to continue discussion regarding the widening of Main Street.
Councilor Winthrop asked that this be put on the agenda for the next council meeting, and that a report
t'ron~ City Administrator and Public Works Director be submitted to the council in the interim. At that
time. Council could make a decision as to whether to take it up again with O.D.O.T.
UNFINISHED BUSINESS
I. Request by John Nicholson and others to reactivate the "Audit Conmaittee".
John Nicholson made himself available tbr question from council regarding previous information given to
council regarding amending Audit Committee resolution.
Jim Hibbert/263 Oak St/Supports implementing changes as well as initiating the audit committee.
Mayor Golden spoke regarding how the audit committee had originally been established by Mayor Gary
Prickett, prior to Gordon Medaris. Mission of audit committee is to advise and assist council in meeting its
responsibilities for the accountability and stewardship of public access. The committee should also advise
and assist the council in audit management processes in assuring audit precesses are independent in fact as
well as an appearance and facilitating comnmnication on financial matters between the council, the external
auditor and the staff who operations are being audited.
She feels that the problem with tile audit comn~ittee has been lack of attendance and an inability to get a
ctuoruln of attdit committee people as well as relatively little interest in the community for the audit
co m m i t tee.
When Gary Prickett set up the attdit committee, the power of the council to hire an auditor was taken away
and given to the Mayor. The way it is set up now, is the Mayor makes the appointments for the audit
committee and oversees the direction of the audit committee. Mayor Golden understands the request by
Mr. Nicholson that the council be more involved in the appointing and overseeing of the auditor, rather
than the staff. She urged the council to take this power away from the Mayors seat. If council does not
wahl to deal directly with the auditor, council may want to work with the Budget committee setting up a
sub-committee to oversee tile audit.
In regards to perg~rmance audits, Mayor Golden felt that under the City Charter the Mayor is chief
executive of the municipal coq3oration. It states that the Mayor shall closely oversee the operations of the
city. When there is unrest or difficulty within a department, these matters are brought to the attention of
the City Administrator or Department Heads and in some cases when necessary, she will meet with
individuals. If Council is unhappy with a department or a department head, the Mayor will call an
exect~Iivc session and deal with the situation at that time.
Mr. Nicholson commented that he did not feel that the audit committee should be viewed as a sub-body to
the bridget conqmittee. The budget comn~ittee has the function of taking revenues that are projected and to
allocate these revenues which he feels is a political function.
Council Laws voiced concern that the auditor report is done in too technical language. He would like the
auditor report to be interpreted into better readable language but does not feel staff should do the
interpretation. Possibly the audit committee could analyze the report and point out anything that may need
to be brought to the Councils attention.
Councilor Winthrop felt it appropriate to regain audit function, but not performance audits. Does not agree
that current practices are inappropriate. May be a good idea to have the audit committee be a part of the
budget committee.
City Administrator, Brian Ahnquist spoke regarding the suggestions by Cooper and Lybrand. The size of
the audit committee should be smaller and composed of three to five members in which a majority of the
members, if not all, are members of the governing body.
Councilor Reid would like to form a committee to design the audit committee. This committee could
include one or two members from the public, the Council and the Budget Committee to help form a
direction.
Mayor Golden agreed to get together with Councilor Laws, Marty Levine, and City Attorney Paul Nolte to
draft some alternatives. She recommends that council be the governing body and do the appointing for the
audit committee, not the Mayor. She would be willing to suggest that the Budget Committee look more
indepth at Departments on a quarterly basis.
Discussion by council regarding internal performance audits and the idea to evaluate present management
by peer review. Felt there needed to be more background studies as to what a performance study is and
how it could be applied. It was stated that doing performance audits using other governmental bodies has
been useful, but the key is to be very clear and defined in what you are looking for, otherwise it is not
usefill.
Jack Blackburn/Urged Council to look at recommendations and to look at it as an assist to Council and a
confirmation of staff.
NEW AND MISCELLANEOUS BUSINESS:
1. Request by Ashland Commnnity Hospital Board to modify bidding procedures in connection with
changes to emergency room facility.
Ashland Community Hospital Administrator, James Watson spoke briefly regarding the project of
expanding and renovating the hospital's Emergency Room Department. It will be constructed of materials
similar to the existing facility. The addition consists of 3,300 square feet and 4,300 square feet of
renownlion. The construction costs are estimated to be in the range of $680,00 and has been budgeted.
Art Jost, Architectural Firm/Jim McNamara, Owners Representative/Spoke regarding cost containment in
the bidding process for this project and types of code requirements and other such codes that are not typical
in providing this type of service. The modified bid approach does not substantially diininish competition.
The modified bid approach results in significant cost benefits to the Hospital.
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S i m il~lr prqiect with Oregon Shakespeare could be used to compare in the proposed modified bidding
l~esolution allowing modified bidding procedures for the expansion and renovation of the Ashland
Community Hospital Emergency Department was read by title only.
Councilors Thompson/Reid m/s approve Resolution//95-10. Roll call vote: Laws, Reid, Hauck,
Hagen, Winthrop, Thompson YES. Molion passed.
2. Request by Director of htblic Works to waive bidding requirements for sewer line serving Water
Filtration Plant.
Public Works Director, Steve Hall requested a section of the reservoir access road which is under
construction to start May 1st for the Water Treatment Plant hnprovement, be exempted from normal
bidding procedures and this work appended to the Fowler contract by negotiated change order.
Representatives from the Fowler Company have expressed an acceptance of this proposal.
He explained that this line dealt with the sludge problem which is produced not only at the sewer treatment
plant but also at the water treatment plant. Under new Federal regulations it requires year round treatment
and we are running out of room to hold and dry sludge. Sludge is a combination of chemicals that is used
in water treatment. The idea of a sewer line being put in to transport to the wastewater plant came after
hauling several loads of sludge and putting it in the sewer line near the Parks office to see what effect it
would have. It was found that it helped the coagulation in the wastewater plant, it also will get the water
treatment plant off the septic tank and onto a sewer line.
Councilor Reid requested and received confirmation from Public Works Director that this is long term.
Resolution allowing exemption from competitive bidding for the Granite Street to Water Treatment Plant
sanitary sewer prqiect was read by title only.
Councilors Winthrop/Hanck m/s approve Resolution//95-11. Roll call vote: Laws, Reid, Hauck,
Hagen. Winlhrop, Thompson YES. Molion passed.
3. Letter from M/M Jean and M/M Rodriguez requesting reconsideration of denial of sewer service
at 2855 East Main Sireel. outside the city limits.
Director Public Works Steve Hall spoke on request of reconsideration of denial of sewer service. At the
time of initial recomn~ended disapproval, the situation was self-imposed by the two property owners. He
notes that in conflict with what our Ordinance states, council should take a look at providing sewer service
to anybody inside the urban growth boundary. The issue on vacant property is loss of control on
development of the property.
Councilor Winthrop disagrees with providing sewer service in the urban growth boundary.
It was confirmed for Councilor Reid that the sewer line is across the street and would need to be pumped.
Councilor Winthrop questioned how close the property was to Neil Creek and depending on the answer
would it be sufficiently colnpelling to change original decision. Concerned with Ad Hoc decisions.
Direclot Hall stated that there is potential for further contanimation to Bear Creek. He has no
recommendation, only brings this again to council at the request of the property owners. Current ordinance
and code does not require that this be a filling septic tank, it has only been used as a guideline because it is
a necessity ~i~r public health.
Councilor Hauck voiced problem with Ad Hoc decisions and when there are no guidelines or real
infimnation about danger in regards to degregation to the creek or potential runoff, he had concern with
changing of policy.
Joseph Rodriguez/2855 East Main/Stated that the geographical setting of the parcel doesn't satisfy the
minimum separation distances required by the county for septic systems. Feels the city has nothing to lose
because they are in the urban growth boundary. They would like to build a home and the only delay is
being able to obtain sewer service.
It was confirmed for Councilor Winthrop that the property is located close to airport. Use of a map on the
council walls was used for better location confirmation.
Councilor Thompson doesn't/'eel we should encourage growth in urban growth boundary is not in favor of
assisting growth.
Councilor Reid does support this appeal because this portion of property is like an island between two parts
of Ashland. She does not want to see a septic tank go in, which would more likely be in the city in the
future. because of our urban growth boundary. Should be looking long range by allowing the property
owners to hook-up now in the sewer system.
Councilors Thompson/Hagen m/s original decision to deny sewer service at 2855 East Main Street
sland. Roll call vote: Thompson, Hagen, Hanck YES; Winthrop, Reid, Laws NO; Mayor Golden
NO. Motion did not pass; 3-4.
Councilors Laws/Reid m/s to approve request of sewer service at 2855 East Main Street, outside the
cily !imils. Roll call vote: Laws, Reid, Hauck, Winthrop YES; Hagen, Thompson NO. Motion
passed: 4-2.
Council requested staff to provide better maps for future council meetings when council would need to
make decisions regarding properties.
4. Memorandnm from City Administrator regarding WWTP Coordinator position and related issues.
City Administrator, Brian Almquist read request to Council regarding Wastewater Treatment Plant
Coordinator position and related issues.
Councilor Winthrop t'elt this was a positive step and should be given serious consideration. He would like
that there be three members of the council involved in the process of retaining the coordinator position.
Councilor Reid sul~ports this proposal and t'eels that in the end it will save money for the city by trim~ning
the cost of working with out of town consultants and making it more efficient.
Mayor Golden requested that there be a committee involved in negotiating of salary for the coordinator
position.
Jack Nicholson/1575 Greenmeadows Way/Supports the coordinator position but feels that the coordinator
should report directly to council and be independent of the city administrator.
Councilors Reid/Hauck motion to coutinne past 10 p.m. Voice vote: all ayes. Motion passed.
Councilor Reid/Hauck m/s to approve authority to negotiate with candidates who have the necessary
qualifications be part and parcel with a committee consisting of Councilor Laws, Winthrop, Hagen,
Mayor Golden, City Assistant Administrator Peggy Christianson and Conservation Regional Affairs
Manager Dick Wanderschied to work with Administrator Brian Almquist in the hiring of project
coordinator for the wastewater treatment plant system. Also, that a group comprised of council
members Hagen, Laws, Winthrop, Mayor Golden, Couservation/Regional Affairs Manager Dick
Wauderschied, City Attorney Paul Nolte, City Administrator Brian Almquist and Assistant City
Administrator Peggy Christianson work closely with the project coordinator in the selection process of
the wastewater treatment project options. Request that Conncilors Laws proposal be a part of this
motion. Voice vote: all ayes. Motion passed.
DISCUSSION:
Councilor Laws made proposal in regards to what he felt the project coordinator would do; 1) Review
existing studies, relevant background literattire and consult with project precipitant; 2) Summarize for the
council the present slams of the problem; 3) Propose alternatives including a state approach and source of
action to the council with potential advantages and disadvantages of each; 4) Following decision of council
desigtn appropriate pilot studies and other desired plans; 5) Oversee conduct of pilot studies and plans; 6)
Design and oversee comprehensive monitoring program for Bear Creek and Ashland Creek including wells,
etc; liar background phosphorus; 7) Evaluate findings of studies and make recommendations to council; 8)
Oversee plan tier implementation; 9) Maintain maximum degree of communication with citizens and other
public agencies.
5. Request by Councilor Hagen to hear oral presentation by Wetlands Coalition of phased plan for
WWTP upgrade.
Gary Schrodt/681 Liberty/Coordinator of the Wetland Coalition Group; Richard Hart/308 Avery Street;
Plato Dundalakis/142 Church St; Introduced their proposal for a development plan for the Wastewater
Treatment Plant and System.
Feels their proposal will minimize risk along with financial risk. This development plan will be designed
to meet the tbllowing goals:
1) Satisfy the Oregon DEQ standards tbr effluent discharge froin the Ashland Waste Water Treatment Plant
and System (WWTPS). 2) Provide replacement water in equal volume for all treated/untreated effluent
removed froin Bear Creek. 3) Support the natural ecology of Bear Creek. 4) Minimize capital and operating
costs of the WWTPS. 5) Eliminate odors created by the WWTPS.
Phase I was completed in 1993, which was the bench test by Dr. Gearhart of soil filtration.
Phase II is a more scientific plan which would consist of 1) hiring a fidl-time project coordinator;
2) construct wetlands and soil filtration demonstration pilot; 3) Convert WWTP from chlorine treatment to
UV treatment as soon as practical; 4) Repair and use existing aeration tank for removal of ammonia 5)
Begin source reduction program.
f'ropt~scd work plan for Phase II, demonstration wetland and soil treatment system. Demonstration is
ttesig~cct only for demonstration not solutions, demonstration would give costs involved and other data
needed in order to make a decision.
Phase Ill is contingent on outcome of Phase II, which may include: 1) expanded wetland park and soil
filtration system 2) Repair and upgrade WWTP as needed 3) Solids removal to compost center 4) Wetlands
and/or reservoir volume storage and timed release 5) Water exchange with TID and/or MID 6) Water
conscrvation/reuse 7) Purchased water rights to increase stream flow 8) reduce non-point source pollution
t'rom Ashland runoff 9) Further reductions in nutrient loading at the source 10) conservation landscaping
11 ) instream habitat improvements.
Requesting council to put this on tile table with the other proposals. The indicate that the number one
priority is tile project coordinator and are encouraged that staff has recognized this need.
Councilor Winthrop felt the proposal was not parallel to the current options because it is saying you can't
do .just one thing at once. It says we need to work on source reduction now on assessing whether
additional water sources could be obtained, etc. and that if the wetlands soil filtration option is going to be
considered, this is a good starting point.
Councilor Laws felt that the plan delivered is premature if a project coordinator is going to be hired. The
coordinator should be given a chance to review status of all reports, literature, talk to all involved in this
process and then give recommendations to council and coordinate future activities.
Council agreed with recomn~endation by Councilor Hauck to hold off the two public information sessions
planned in May and June if prQject coordinator is hired.
Councilor Reid received confirmation by council that the proposed plan by the Wetlands Coalition would be
included in the intimnation given to the project coordinator for recommendations to the council.
Ron Roth/100 Eagle Mill Rd/Urged council to put this development plan, without modification by city
staff as proposed by Wetland Coalition, on the list of options tier the wastewater treatment plant solution.
Sul~ports hiring of project coordinator and forming committee consisting of several council members,
administrator, legal council and other interested parties.
6. l,etter from Ashland Chainher of Commerce concerning survey of Ashland businesses relative to
camping on city sh'eets.
Michael Gibbs/President Ashland Chambers of Commerce/Presented survey conducted by Chamber of
Commerce on problem of transient camping. As representative of the Chamber of Commerce he requests
that cotmcil adopt a No Camping Ordinance within the city limits of Ashland. The survey is available at
the Commerce office for council information. He feels this is the time to take a hard look at this problem
and prefers that council take issue. Stated that there is feeling of urgency in this matter.
Cormeliot Hagen questioned what the impact would be on the non-transient camping. It was confirmed that
the correct wording regarding this Ordinance would be referred to the City Attorney.
Councilor Winthrop reported on a prior meeting regarding this problem and what should be being done.
The basics that came out of that meeting was to continue trying to come up with a set of proposals from the
law enforcement side and social service side.
Assistant City Administrator Peggy Christianson spoke regarding the increasing trend and severity of the
kinds tit' complaints dealt with in the court and it is time tbr council to consider a No Camping Ordinance.
She does recognize it is a social problem and states that this will be addressed at the time the Ordinance is
prol~osed.
Council Laws proposed to table this until a comprehensive report has been made and a proposal given to
the council. He would like that Mr. Gibbs be kept apprised of status regarding this proposal.
(~hris Hald/275 Cainbridge/Voiced concern with camping isstle and supports a No Camping Ordinance.
City Administrator Brian Almquist stated that a first draft is being worked on now and that it would be
possible to bring a proposal back to council in two weeks.
7. Memorandnm from City Administrator regarding guidelines for annual pay comparisons.
Assistant City Administrator Peggy Christianson reported on the Management Compensation Survey which
was summarized in three suggestions. 1) ICMA Annual Compensation Survey - Pacific Region; 2) ICMA
Annual Compensation Survey - Pacific Sub-Region; and 3) Comparable City Survey.
Mayor (iolden noted that this survey was a/bllow-up to a request by council last sumlner and reinforced at
the goal setting session in January that a survey be conducted prior to any adjustment in management
compensation.
it was confirmed for Councilor Reid that a combination of the suggestions could be used.
Councilor Laws does not feel that suggestion #3 should be considered, because it is too subjective and is
not acceptable.
Councilor Winthrop suggested to council that since they have been given these suggestions and that this
being an important issue, they should put it off for two weeks and direct staff to find a sample of cities
comparable to size and budget.
Jack Nicholson/Felt that council should be setting wage rates compared to private sector.
Councilor Laws questioned how you could compare wage rates for private sector when you are comparing
g~r example, the Police Clnief.
Councilor Winthrop stated that because this is determining the basis for compensating staff, council should
not pt~t the burden on staff, but that cotmcil should think about it and give them specific directions in two
weeks.
It was agreed by council to put this item off until the next council meeting.
ORDINANCES, RESOLUTIONS & CONTRACTS:
1. Reading by title only of "A Resolnlion dedicatiug property for park purposes pursuant to Article
XIX, Section 3, of the City Charter (City of Ashland property located on the corner of Garfield Street
and East Main Street)."
Councilors Laws/Reid m/s approval of Resolution 95-12. Roll call vote: Reid, Laws, Hauck, Hagen,
Winthrop, Thompson YES. Motion passed.
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()TI i ER BUSINESS FROM COUNCIL MEMBERS
1. ('ouncilor Hagen brought to the attention of the council a meeting that will be taking place April 19 at
the I'arks Headquarters in regards to the activities in the new Mountain Park. He feels that there should be
planl~il~g meeting of some sorts to bring all parties together and hoped that some council members would
attend this meeting.
AD. IOURNMENT
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, Recorder
Catherine M. Golden, Mayor
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