HomeMy WebLinkAbout1998-0217.REG.MINMINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 17, 1998
PLEDGE OF ALLEGIANCE
Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers.
ROLL CALL
Councilors DeBoer, Wheeldon, Hagen, Hauck, Reid and Laws were present.
APPROVAL OF MINUTES
The minutes of the regular meeting of February 3, 1998 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
1. Mayor's Proclamation declaring March, 1998, as "Hunger Awareness Month."
Mayor Golden read proclamation declaring Hunger Awareness Month.
2. Presentation of retirement plaque to Tom Ramoss for 34 years of service with the Public Works
Department (Water Quality Division).
Mayor Golden noted Tom Ramoss's many contributions to the City and citizens of Ashland and thanked him for
his 34 years of service.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Monthly Departmental Reports - February, 1998.
3. Authorization by City Council for Interim City Administrator to sign Maintenance Agreement to
allow ODOT to perform traffic signal maintenance at intersection of E. Main and Mountain.
4. Authorization by City Council for Interim City Administrator to sign FBO lease extension
agreement for the Ashland Municipal Airport.
5. Authorization by City Council for Mayor to sign City of Ashland Park and Recreation
Commission and Ashland School District #5 Intergovernmental Agreement (Renewal).
6. Confirmation of Mayor's appointments of Harry Bartell, Jack Blackburn, Kathleen Kahle, Susan
A. Hunt, Steve Morjig, Thomas Bizeau, A! AIsing, Kelly Madding, John McLaughlin, Carole
Wheeldon and Alan DeBoer to the Ad Hoc LID Committee.
Councilors Hagen/Laws m/s to approve consent agenda items #1-5. Voice vote: all AYES. Motion passed.
With regard to item #6, Councilor Wheeldon urged committee members to read Transportation Element,
Comprehensive Plan and Street System Plan and keep these items in mind. Also sought direction of council for
the committee.
Councilor Hagen noted that he'd like to see definitions come out the committee meetings. Specifically cited
need to define developer, pointing out that as some neighborhoods develop slowly it becomes unclear as to
whether properties split by minor land partition are considered as development.
Councilor Reid agreed that there is a need for sensitivity relative to the term "developer", and agreed that
clarification is necessary. Stated that LID's can be beneficial, and that she does not want to say no to LID's that
could benefit a neighborhood.
Councilor Laws cited the issues that have arisen in the community during previous discussions of the LID issue:
"Should there be LID's?", "Under what circumstances?", "How should local improvements be paid?", and "What
are the alternatives?" Feels that these questions should be answered by the committee.
City Council Meeting 2-17-98 I
Councilor Laws requested that he receive all materials from staff liaison, and noted that he'd like to be on
committee. Discussion in which Mayor removes Planning Director John McLaughlin from committee
membership and makes him staff liaison, placing Councilor Laws on the committee.
It was pointed out that questions will arise over Transportation Plan standards concerning whether all streets are
to be paved. Hagen cited his environmental concerns and explained that he wants to see all streets paved to
protect streams and storm drain system. Interim City Administrator Greg Scoles assured Councilor Hagen that
this is policy, and noted that John McLaughlin has prepared information to this effect which would be given to
the committee.
Councilors Hagen/Reid m/s to approve consent agenda item #6. Voice vote: all AYES. Motion passed.
PUBLIC HEARINGS
1. Consideration of an amendment to the Ashland Municipal Code which would regulate, facilitate
and provide for telecommunications within the City of Ashland.
City Attorney Paul Nolte provided background information, noting that this amendment was set in motion by the
Federal Telecommunications Act of 1996, and that it was prepared through the collaborative efforts of Councilor
Hauck, Finance Director Jill Turner, Public Works Director Paula Brown, Electrical Utilities Director Pete
Lovrovich, and Interim City Administrator Greg Scoles to develop a comprehensive approach to
telecommunication regulations within the City.
Nolte cited previous City actions dealing with telecommunications issues, including resolution in October, 1996
setting a policy basis for regulations, a right-of-way ordinance in March, 1997 and the recent Cell-Tower
ordinance. Stated that this is "close to the last piece of the puzzle" in resolving the issues raised by the Federal
Telecommunications Act.
Nolte stated that under the Act, the City is required to promote competition among carriers to provide a
competitively neutral playing field within the City. Also noted that this would set a standard for use of City
rights-of-way and set fees for their use.
Councilor Hauck explained that capacity issues will arise over the years, and this ordinance serves to protect
citizen interests.
Councilor Wheeldon questioned the reference to "a private telecommunications network" on page 9, Chapter
16.08.040(B). Nolte explained that this could include businesses with private in-house connections not using
City rights-of-way. Councilor Hauck explained that this is not regulated under the Federal Telecommunications
Act because it is out of the right-of-way and thus has no impact on the City.
Councilor Wheeldon questioned the last section of page 16 with regard to "undergrounding". Nolte explained
that providers would be required to underground their facilities at the same time as the City in a coordinated
effort and at no cost to the City.
It was noted that on issues, with regard to private networks, that such towers would be regulated under the Cell-
Tower ordinance. Nolte added that they might be regulated under the Zoning ordinance as well. Nolte also
noted that we would only regulate the poles on private land under the Zoning ordinance, but not cable strands
hanging between the poles.
Nolte explained extra capacity could be sold to other providers, but emphasized that the City would fall under
the rules of is ordinance and would be subject to the same fees as other providers. Nolte restated that private
providers would have to underground their facilities at the same time as the City.
city. Council Meeting 2-17-98 2
Public hearing opened at 7:30 p.m.
No public comment.
Public hearing closed at 7:30 p.m.
Council requested that the proposed ordinance be placed on the agenda for a first reading in March.
2. Acceptance of public testimony and decision regarding Ashland's continued participation in the
Talent/Phoenix Water Project (continued from February 3, 1998).
Public hearing opened at 7:31 p.m.
Jean Hald/600 Roca St./Supports intertie. Has lived in Ashland since 1952. Noted times of rationing and short
supply. Stated that when there is an adequate water supply to meet needs there is no reason to have to ration or
raise prices, and with this tie-in no one needs to fear shortages. Concerned that issue brings up complaints from
small group, and feels that vast majority of citizens want intertie and water to provide for the years to come.
Also stated that Ashland needs to maintain a voice in how water is supplied, from the source to the City's
system. Stated that growth will occur, and growing families need water to meet needs. Concluded that further
delay is not warranted.
Sid Field/525 Tucker St./Supports intertie. Noted two reasons for his support: 1) City is responsible to provide
infrastructure to meet needs. Cited his experience in Oakland when 2800 homes were lost in fire. He feels that
the same conditions could happen here and a backup water supply could make the difference. Stated that a loop
system is needed to allow City to draw upon for future fire protection. Noted recent problems with WP Natural
Gas line in Wolf Creek, stating that the loop system there prevented a lengthy loss of gas service to the Rogue
Valley. 2) Capital costs will only continue to grow over time. Stated that while Conservation is an excellent
plan, it will not provide for all future needs. Would like Council to think longer term and follow leadership of
those who built Reeder Reservoir.
Bob Arago/370 Courtney/Wished to make three points. 1) Council should vote in favor of continued
participation in the intertie. Agreed with Sid Field, as he too had seen the consequences of fire in Oakland. 2)
Separate growth issue from the intertie. Focus on need for a second supply. Deal with growth through master
plan or on a case-by-case basis. 3) Stated that he would like to suggests a fifth factor driving Ashland's water
supply needs to the four presented in Paula Brown's memo: the benefits of a second supply.
Jim Moore/1217 Park St./Stated that he liked both the town hall format for public input and the preparation of
materials by Public Works. Spoke briefly of his experience in the Oakland fire and stated that inadequate roads
and an overgrowth of vegetation contributed to the fire at least as much as water issues. Feels that the second
option in Public Works Director Brown's memo is a well thought out answer to addressing the City's needs
beyond 2020.
Mike Uhtoff/633 Rock St./Questioned whether citizens are willing to be inconvenienced by current supply.
Stated that we must acknowledge that there are other things to be considered besides our convenience. Need to
take a different view, and use a broader paradigm. Need to live within limits of our watershed. Conservation
and occasional inconvenience outweigh the high costs of the intertie. Notes how water was sapped out of the
Sierras to provide water for Los Angeles, and feels that we can live with our watershed. Cited current Oakland
slides, and noted a resident there who had stated that it is our choice to live this way and so we must live with
the consequences. Feels that Ashland should take a leadership role.
Tonya Killeen/444 Lit Way/Asked that Council take into consideration views of majority of speakers at last
meeting, favoring conservation over the intertie. Citizens have proven that they can and will take care of their
city. Spoke about the cycle of perceived shortages leading to increased sources resulting in growth and actual
City Council Meeting 2-17-98 3
shortages. Confident that the watershed and wastewater treatment plant will take care of shortage and Ashland
can take a leadership role on this issue.
Bill Patton/110 Terrace St./Ashland resident since the end of World War II. Encouraged Council to take a
longer-term view, and at least ensure that the pipe is large enough to attach to when there is a need. Noted that
there have been several times during his residency that the city has been entirely without water. Stated that
growth needs to be controlled through planning, but it cannot be stopped. Concluded that City needs to have the
option of an intertie connection for needs that may arise later.
Ron Roth/6950 Old 99 S/Complemented documents prepared by Paula Brown. Noted options and costs, feels
that an upgrade of existing delivery system makes more sense. Pointed out that Medford had impact during last
drought. When drought comes, it will be region-wide and could result in having an intertie without water.
Asked that Council not to go ahead with this project as it is too expensive insurance. Stated that while Talent
needs to move ahead, and needs water now, Ashland has the option of further study.
Darrell A. Boldt/1950 Tamarack PI./Submitted letter to Mayor and Council.
Public Hearing closed at 7:53 p.m.
Mayor Golden noted for the television audience that the memo that had been mentioned was created by Public
Works Director Paula Brown, and that it cited factors of flood, drought, fire and growth as related to Ashland's
water needs. Explained that lack of water during 1997 flood was due to the Wastewater Treatment Plant and
that it is an issue that needs to be considered as well. Stated that drought concerns center around the fact that
City's times of greatest supply do not correspond to times of greatest demand. Explained that a catastrophic fire
in the watershed would affect City's water supply for years. Noted that growth issue relates to whether growth
contributes to increased water need and should thus be required to pay for increasing the supply.
Explained that the intertie project being discussed is to increase the pipe size from Phoenix to Talent (not Talent
to Ashland as stated in the Public Works memo) from 18" to 24" to provide additional capacity for Ashland's
potential future needs. This would bring water as far as Talent, and would potentially provide 25% of Ashland's
water needs as projected for the year 2050. Noted that the intertie project has brought a gift to the community
not only in offering a potential second water source but in bringing the discussion of water issues to the
forefront.
Mayor noted that Chamber Board had voted to find a way to buy time and address issues before committing to
participation in project. This would involve paying additional costs for engineering to allow project to move on
while the issues are studied on the Ashland end. Restated options for the television audience as continued
participation in the intertie project for a cost of close to $1,000,000 for water rights and pipe upsizing and an
additional $5,000,000+ to bring the water from Talent to Ashland when needed; not participating further; or
postponing a final decision pending further study that may incur some additional engineering costs.
Councilor Laws clarified reasoning behind further delaying a decision. Noted options recommended in Brown's
memo to proceed or not, or to request additional time to complete a comprehensive master plan even if
additional design costs would be involved. This option would allow City to analyze other sources, easements,
rights, potential issues which might arise with other agencies, and get an overall picture of all realistic options.
Cited questions over water right security and the possibility of changing rules for the holding of a water right.
Stated that for Ashland, more information is needed, whereas Talent and Phoenix are in a position of needing
water now. This alternative makes sense, even with the possibility of slightly more costs later. Mayor Golden
clarified that additional cost would be to engineer the trench to accommodate a larger pipe, allowing time for a
decision about whether Ashland will actually require this pipe at a later date.
ci~ Council Meeting 2-17-98 4
Councilor DeBoer stated that he would like to commit money to getting an "add alternate" design for upsize
engineering to get exact amount and have a clear cut difference in costs. This then wold allow for negotiations
on rights-of-way, water rights, while allowing Talent and Phoenix to move ahead.
Councilor Hauck noted that he has had questions about the viability of other options, noting the Council's duty
to plan for normal expected growth, and stated that option 2 will address this in a comprehensive sense to
address growth issues after 2020.
Councilor Wheeldon clarified that it was the Chamber Board, not the Chamber of Commerce in general, that had
sent letter suggesting the master plan option. Clarified the need to complete a master plan within 3 months, as
the intertie is not the only option, but one of many options to be selected from in addressing the water needs.
Councilor Reid agreed with previous speakers, also noted Fire Chief Keith Woodley's memo which cites the
need for a secondary water source. Mayor Golden voiced her concern that Woodley feels there is only one water
source in Ashland. Councilor Reid cited concerns over TID source and its future availability, stating that it is
prudent to have fire protection when needed, and TID can't be relied on outside of their availability window.
Also brought up the issue of potential earthquake damage or other disasters to the water system. Brought up the
issue of the water that goes into storm drain system under Ashland Community Food Store, from what was
previously Twin Plunges, and suggested that it might be possible to meter this to get an idea of how much water
is coming into the City system. Emphasized the need to look at the water issue from a long-term perspective.
Councilors DeBoer/Reid m/s to pay for additional engineering to do an add alternate for the increase in
size of the pipe in the bid and negotiate right of way and water rights with respective agencies and pursue
grants and funding to pay for the project. DISCUSSION: Councilor Hagen stated that he cannot support
anything unsustainable, citing the fact that other communities are using available technology to clean up
their wastewater to be reused, and as such he cannot see spending money on an option that is
unsustainable.
Councilor Hauck cannot support motion if it does not include completing a comprehensive master plan.
Roll call vote: Reid and DeBoer, YES. Hagen, Hauck, Wheeldon, and Laws, NO. Motion failed 4-2.
Councilors Reid/Hauck m/s to pursue option two as presented in Paula Brown's memo, which states
"Request additional time from Talent and Phoenix to complete a Comprehensive Master Plan on Water
Supply needs through the year 2050. This may necessitate an agreement with Talent and Phoenix to pay their
engineer additional design costs to design the 24 inch line. This option would allow the City to complete
analysis on other water sources (wells, springs, etc.), as well as time to discuss easements, water rights and
other issues involving other agencies to get a better understanding of our capabilities and realistic options."
DISCUSSION: Councilor Laws questioned cost of pursuing "add alternate" option on bid. Brown feels
costs would be $10-17,000 to get bid and design. Councilor Laws questioned absolute time for making a
final decision. Brown noted that informal discussions have indicated that because final designs have not
yet gone out, there is probably four months in which to make a final decision. Information on other
options, including wells, springs, aquifer locations and sustainability, is out there to be pulled together.
Brown explained that she and City Attorney Paul Nolte had met with the TID Board today to discuss
contract negotiations, and they are within a few words of approval in concept of an agreement to be taken
to the Bureau of Reclamation (BOR). Brown stated that she feels that it would be wise to make TID
aware of progress on the intertie issue. Clarified that this contract is an extension of the old agreement,
but the renegotiation would extend water availability outside of the irrigation season. Clarified that an
agreement will likely be place within 4 months subject to BOR approval. Brown reported that both TID
and BOR are agreeable to piping the TID ditch, and that the issue would be money.
City Council Meeting 2-17-98 5
Brown clarified that reclamation would require additional filtration at the Wastewater Treatment Plant,
and she would provide information on both the cost and the space required, how realistic this option is
and the costs involved for pumping to the Water Treatment Plant for re-treatment. Councilor Wheeldon
questioned if there was a way of avoiding pumping to the Water Treatment Plant for re-treatment, and
Brown noted that this would not be possible without a second Water Treatment Plant on the back end of
the Wastewater Treatment Plant.
Councilor Hagen requests a good schematic of the way the water system works. Discussed adding a
second Water Treatment Plant at the Wastewater Treatment Plant site, noting it serves as a confluence of
the TID canals, Ashland Creek, Bear Creek, and the upper end of the watershed. Also questioned the
total miles of TID ditch above Greensprings Power Plant and on the East-side Lateral. Questions where
other reservoirs could be sited. Brown confirms reservoirs would be looked at regardless, and these sites
will be included in the comprehensive water plan. Councilor Hagen confirmed that fire suppression and
the possibility of fire in the watershed are separate issues that will have to be dealt with (with reservoirs)
irrespective of the option chosen for water.
Councilor Hagen questioned the issue of legality raised in Brown's memo concerning the TID system being
made more efficient and resulting in shallow wells drying up. Councilor Hagen pointed out that a faucet
needs supply, treatment, a distribution system that will not be affected by floods, a wastewater collection
system and a waste water treatment plant. Without any of these five, regardless of supply, we are without
water. Councilor Hagen also stated his belief that the City has never rationed water, but has instituted
curtailment which is very different than strict rationing.
Conservation Manager Dick Wanderscheid noted that curtailment first occurred in 1992 when residents
were assigned odd or even days for watering. This resulted in increased water demand, so water
allocations were given based on meter size. Use beyond the allocated amount was prohibitively expensive.
There were four stages included with this allocation strategy, and the shortage never required going
beyond the first stage. There was also a process for waivers for use beyond allocation in special cases.
These curtailment measures were instituted in mid-August of 1992. Wanderscheid also noted that the
same ordinance could still be implemented at any time if it were necessary.
Councilor DeBoer stated that it is critical to buy this insurance. Pointed out that intertie water is already
treated, and hydrants could be filled for fire protection even if residential water was off. Noted that
Talent is in stage of critical need. Clarification with Brown of details of including design issues in Talent's
RFP. Councilor DeBoer clarified his motion was to include an add alternate option for design and
construction up front in the RFP. Discussion of need to amend Councilor Reid's motion to specify
inclusion of add alternate option up front in RFP. Councilor Hauck stated that the motion includes
payment of additional design costs while doing a comprehensive master plan, and that details such as the
RFP can be worked out by Public Works Director Brown as needed.
Councilor DeBoer noted that he did not include formulating a master plan at a cost of $20-30,000 because
he looks at this as an insurance policy and is concerned with paying for a master plan when other studies
have been done. Feels that investment in intertie and TID piping cover all bases and insure each other.
Mayor Golden expressed her concern with paying $1,000,000 to bring water to Talent. Reiterated that fire
protection is not an issue of fire suppression, it is about the possibility of burning the watershed and
leaving us with no water in the reservoir. Catastrophic fire is not about hydrants, it's about reservoir
shutdown and needing to meet 100% of the City's water needs. Notes that intertie wouldn't provide for
this as it would only provide 25% of City's needs. For this reason, Mayor Golden stated that there is a
definite need to look at easements to allow for a higher capacity connection at a later date.
City Council Meeting 2-17-98 6
Councilor Reid clarified that the Mayor was referring to the option with a 30" pipe to Phoenix, and noted
the difficulty and time involved in obtaining easements for the Intertie Project. She also explained that
following the railroad tracks had been the best option.
Councilor Hagen noted option five from the memo which would allow us to go to Phoenix when need
arises later. Stated that he is confident that rights-of-way could be obtained when needed.
Discussion to clarify whether motion commits to Talent intertie connection rather than possibility of
connecting to Phoenix at a later date. Councilor Hagen emphasized his concerns that the motion, while
not committing to an option, is tied to the Talent tie-in option. Stated that Ashland can disconnect totally
from up-sized pipe from Phoenix to Talent, and be able to connect to Phoenix should the need arise for a
cost difference of $8,000,000 versus $7,000,000 for the Talent connection. Discussion of what these costs
actually include.
Councilor Hagen questioned cost of keeping option open. Councilor Wheeldon pointed out that the cost of
$15-17,000 is equivalent to one year's water right maintenance. Councilor Wheeldon noted need for a
master water plan and stated that the investigation is worth the cost and the wait.
Roll call vote: Reid, DeBoer, Hauck, Wheeldon, and Laws, YES. Hagen, NO. Motion passed 5-1.
Brown clarified that the $8,000,000 includes full piping but not water rights. Brown also noted that she would
like freedom to proceed either with waiver of 30-day RFP advertising rule, sole-sourcing the project without
further approval, or one person completing plan. Mayor Golden urged keeping council and citizens within the
loop as much as possible. Councilor Reid stated that she is comfortable waiving the 30-day rule as long as
council and the public are kept up to date on the project. Councilor Wheeldon stated that she finds this waiver
acceptable, and would also like to see another water forum organized once information is gathered.
Councilors Laws/Hauck m/s to waive 30 day rule relative to an RFP for the comprehensive master water
plan and proceed with the RFP. Roll call vote: Laws, Reid, Wheeldon, and Hauck, YES. DeBoer and
Hagen, NO. Motion passed 4-2.
Public Works Director Paula Brown noted an error found in her memo. She stated that there is an answer to the
question of whether water rights can be converted in number 12. They can be converted, although the process
involves a great deal of rules and red tape.
PUBLIC FORUM
None.
UNFINISHED BUSINESS
None.
NEW AND MISCELLANEOUS BUSINESS
1. Adoption of Council goals for 1998-1999.
Councilors Laws/Wheeldon m/s to adopt the goals as presented. Voice vote: all AYES. Motion passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second reading by title only of "An Ordinance Repealing Section 2.28.050 of the Ashland
Municipal Code Which Relates to the Duties and Responsibilities of the City Administrator for
the Utility System."
Councilors Hagen/Hauck m/s to approve ORD #2813. Roll call vote: Hauck, Wheeldon, Laws, DeBoer,
Reid and Hagen, all YES. Motion passed.
City Council Meeting 2-17-98 7
2. Second reading by title only of "An Ordinance Modifying the Commercial and Employment
Chapters of the Ashland Land Use Ordinance Regarding Restaurants, Nightclubs and Bars."
Councilors Hagen/Wheeldon m/s to approve ORD #2812. Roll call vote: Laws, Hagen, Wheeldon, Hauck
and DeBoer, YES. Reid, NO. Motion passed 5-1.
3. Reading by title only of "A Resolution of the City Council of the City of Ashland Reiterating its
Policy of Relating the Expenditure of Monies for Economic and Cultural Development to the
Hotel/Motel (Transient Occupancy) Tax and Repealing Resolution 93-12."
Councilor Wheeldon declared a conflict as she works for the Oregon Shakespeare Festival. Councilors
Hauck/Laws m/s to adopt RES #98-02. Roll call vote: Wheeldon, Hauck, Laws, Reid, Hagen and DeBoer,
YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS:
I. Consideration of a request by Councilor DeBoer to have Council direct staff not to process any
new LID's until newly formed Ad Hoc Committee report is complete.
Councilor DeBoer noted that his request would exclude a citizen driven LID. Councilor Reid notes her
discomfort as there are citizens who want LID's in their neighborhoods, and she is not willing to say no.
It was pointed out that under the current process, LID's are citizen driven. Discussion by council on how and if
future LID's should be approved.
The question of how long the Committee may take to complete its report was discussed. Consensus by council
was that it should be less than six months.
Councilor Laws suggested councilors pledge not to vote on LID's that do not have unanimous support of
citizens. Councilor Wheeldon noted that Planning Commission is going ahead with development and Planning is
gathering pre-signed agreements, and that council has consistently put off LID's for 3-4 months, and feels that
we should stay on this path or direct the Planning Commission to discontinue further development.
Councilor Reid stated that current processes work as they are, and staff should not be directed to make changes
at this point. Feels that LID's have worked for Ashland and are not the enemy. Willing to work with
committee, but not ready to stop all LID's now.
Councilor Hauck feels that existing ordinance is adequate and can't get around it without telling staff not to
follow the law.
Councilor Hagen disagrees with blanket ruling and feels that the committee could urge council not to move on
with an LID while Committee work continues.
Councilor DeBoer notes that this was an issue at the last meeting of the Planning Commission. Feels it is unfair
to give developers the idea that LID's are possible in their planning when the council will not approve them.
Councilor Hagen brought up a new item, noting that he had received a letter regarding Ski Ashland and the
City's interest therein. This letter noted that Ski Ashland was advertising in cooperation with Callahan's, and the
letter writer was troubled by the City's indirect promotion of a business with an illegal sign.
Councilor DeBoer, as president of Ski Ashland, noted that there was a two-year contract with Callahan's signed
in October, and while the board appreciated the letter writer's concerns, they weren't aware of the illegal sign at
the time the contract was signed. Now that the issue is before the court, Ski Ashland will honor the contract and
await the court's decision.
City Council Meeting 2-17-98 8
Councilor Reid brought a new item forward. She stated her concern over the change in schedule of the study
session's from February 18 to Wednesday, February 25 at 12:30 p.m. Questioned how this change had occurred,
and noted that it had shown the meeting on the 18th on the February calendar. Questioned if this process has
changed. Interim City Administrator Scoles noted that this change was set at previous council meeting.
Councilor DeBoer noted that he had been unaware of this change as well. Councilor Hauck noted that the
rescheduling was due to the fact that the Telecommunications Business Plan would not be ready by the 18th.
Scoles noted that this change was also discussed at goal setting.
Councilor DeBoer thanked City Attorney Paul Nolte for his efforts in the Mark Antony bankruptcy hearing, and
noted that the City would receive payment for meals tax, transient occupancy tax and utilities.
Councilor DeBoer noted Alan Sandler had offered to appraise for airport work at no cost to start the evaluation
of the land. There would be no cost and no risk to the City.
Councilor DeBoer stated that he would be unable to attend Tuesday's Town Hall due to the Planning
Commission Study Session. Councilor Hagen agreed to attend in Councilor DeBoer's place. Councilor Hauck
noted that he would be willing to attend the Town Hall in March, along with Councilor Laws.
Councilor Laws would like some simple information on sustainability, and an up to date definition on the usage
of the concept in light of the interdependence that is inherent in today's society. Councilor Hagen clarified the
concept of sustainability as a goal of moving toward having no negative impact on other creatures. Councilor
Hauck stated that he had some materials that he would pass on to Councilor Laws.
Councilor Hagen commented on letter from Mark and Jini Danis included in the packet, which concerned a
waiver of their $250 fee and request not to be assessed for Forest Street improvements. Discussion of 120-day
rule and history of Council's handling of these requests. City Attorney Nolte clarified that the 120-day rule is by
statute and is only applicable with the filing of writ ofmandamus prior to the Council's decision. In this case,
such a writ was not filed and the City still had jurisdiction in the case.
City Attorney Nolte also noted that the appeal of the Llama case had been successfully argued.
ADJOURNMENT
Meeting was adjourned at 9:07 p.m.
Barbara Christensen, City Recorder Catherine M. Golden, Mayor
City Council Meeting 2-17-98 9