HomeMy WebLinkAbout2008-0805 Council Meeting MIN
ASHLAND CITY COUNCIL MEETING
August 5. 2008
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MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 5, 2008
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7 :00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilors Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman were present.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES (None)
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Executive Session of July 15, 2008 and Regular Council of July 15,2008 were approved as
presented. Councilor Jackson abstained, as she was not in attendance at these meetings.
SPECIAL PRESENTATIONS & AWARDS
The Mayor's Proclamation of August 6 and 9 as Hiroshima and Nagasaki Days were read aloud.
CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to approve the Intergovernmental Agreement (IGA) with the City of
Medford, Oregon, for the transfer of ownership of surplus mesh (public safety) communications
equipment?
3. Will Council approve an agreement between ODOT and the City of Ashland to fund the
improvement of Plaza Avenue under the Congestion Mitigation and Air Quality (CMAQ)
program?
4. Will Council approve an agreement between Central Oregon and Pacific Railroad, Inc. (CORP)
and the City of Ashland authorizing construction within the railroad right of way at the East Main
Street railroad crossing?
5. Will the City Council approve Amendment 2, Additional Services for Siskiyou Boulevard
Pedestrian Safety Review to be added as a part of the IIDR Contract for the Transportation System
Plan (TSP) Update?
6. Will Council approve a contract amendment with Copeland Construction, LLC to expand the scope
of work and increase the contract amount by $43,346.00 or 86% over the original contract for the
2007 Miscellaneous Concrete Construction Project No. 2006-34?
7. Will the Council, acting as the Local Contract Review Board, consent to entering in to a public
contract for $81,066.45 with Pathways Enterprises, a Qualified Rehabilitation Facility (QRF), to
provide Citywide janitorial services for the fiscal year 2008-2009?
8. Should Council approve a resolution adjusting the FY 2008-2009 Budget to create appropriations
and authorize expenditure of asset forfeiture revenues received in conjunction with the City's
participation in the regional drug enforcement program and a grant for firefighter protective
clothing?
9. Should Council approve a resolution to adjust budget appropriations for changes in operational
expenses to remain in compliance with Oregon Budget Law?
10. Will the Council, acting as the Local Contract Review Board, approve a Special Procurement for a
class of services- WTP, EPAMandated Water Quality Testing and WWTP,DEQMandated Waste
Water Effluent Testing - for a period of three (3) years beginning July 1,2008 to June 30, 2012?
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August 5.2008
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Councilor Hartzell requested that Consent A.genda item #8 be pulled for discussion.
Councilors Chapman/Jackson m/s to approve Consent Agenda items #1-#7 and #9 and #10. Voice Vote:
all AYES. Motion passed.
Administrative Services Director Lee Tuneberg clarified the memo regarding appropriations for the Regional
Drug Enforcement Program that referred to protective clothing and not the CER T Grant.
Councilor Hartzell/Jackson mls to approve Consent Agenda item #8. V oice Vote: all AYES. Motion
passed.
PUBLIC HEARINGS
1. Will Council approve and authorize the Mayor to sign a quitclaim deed to relinquish a public
pedestrian walkway easement at 99 Granite Street?
City Engineer Jim Olson presented the staff report that included the background on the pedestrian walkway
easement. He explained that the lots were created in 1993 and he presented the findings that explained the
creation of the easement and the supporting evidence in favor of the request to terminate it.
Public Hearing Open: 7:14 p.m.
Mark Knox/485 W Nevada/Explained he was there to answer questions and reaffirmed the staff report and
the Council Communication.
Public Hearing Closed: 7:15 p.m.
Councilor Jackson/Chapman m/s to approve quitclaim deed. Roll Call Vote: Councilors Silbiger,
Hartzell, Chapman, Navickas, Hardesty and Jackson, YES. Motion passed.
2. Will the Council approve increases to the Miscellaneous Fees and Charges and approve a
Resolution titled, "A Resolution Adopting Miscellaneous Fees for Service Where Necessary"?
Administrative Services Director Lee Tuneberg presented the staff report and explained the proposed fees. It
was clarified that the fees presented by the City Recorder's Office were not an increase, but reflected current
fees.
Public Hearing Open: 7:19 p.m.
Public Hearing Closed: 7:19 p.m.
Councilor Chapman/Silbiger m/s to approve Resolution #2008-29. Roll Call Vote: Councilors
Chapman, Hardesty, Navickas, Jackson, Hartzell and Silbiger YES. Motion passed.
PUBLIC FORUM
Ambuja Rosen/Spoke regarding tethering laws and the time limits associated with them. She made
suggestions on how dog owners can obtain affordable fencing.
UNFINISHED BUSINESS
1. Does the Council wish to approve an order authorizing a lease of real property to the Ashland Gun
Club?
Councilor ChapmanlSilbiger m/s to approve an order to City Council authorizing a lease of property to
the Ashland Gun Club.
DISCUSSION: City Attorney Richard Appicello clarified that the Environmental Professional hired by the
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August 5. 2008
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City will conduct the assessment and will create the Management Plan for the property. He further eXplained
that the City would produce a Request for Proposal (RFP) and define contract criteria for the Environmental
Consultant.
Councilor Hartzell/Navickas m/s to amend motion by adding the following to Section 4.5(4): "for clean
up to residential standards" following sentence "developing feasible remediation options."
DISCUSSION: It was suggested that the lease be more specific regarding clean up and that it should meet
residential standards. It was considered unrealistic to require residential clean up standards throughout the life
of the lease but feasible at termination.
Councilor Hartzell withdrew the motion with consent by Councilor Navickas.
Councilor Hartzell/Navickas m/s to amend motion by adding into Section 12.3(1) the following: "for
residential properties" in first sentence following "in excess of permissible levels."
DISCUSSION: It was discussed whether requiring residential clean up standards at termination was feasible.
There was concern that Council was turning the lease into an environmental assessment document while others
thought it was reasonable to have clean up expectations at the termination of the lease.
City Attorney Richard Appicello explained that the property zoning was part forest and open space reserve.
The City has not sought a zone change to residential property and the current language stating permissible
levels were based on other restrictions on the property. Changing the zone to residential would allow one house
on the 66-acre property. He stated that it would be legal to require the residential clean up standard at the
termination of the lease.
Roll Call Vote: Councilors Hartzell, Navickas, Hardesty and Silbiger, YES: Councilors Chapman and
Jackson, NO. Motion passed 4-2.
Continued discussion on amended motion: It was suggested to add "financial necessity" to Article 1,
Definitions, under item 6, Emergency. City Attorney Richard Appicello explained that using the word
"necessity" would be hard to define and offered examples of when the emergency clause could be used and
joined with Financial Loss. Financial loss would apply if the City were fined. The word "contamination" in
the lease would cover circumstances where the City incurred total clean up costs.
It was suggested to add "and complete within a maximum time period of 5 years with specific time frame to be
defined by the Environmental Assessment," to the sentence, "Lessee shall begin an initial lead removal
operation on the Premises within the first eighteen (18) months of lease signing" in Section 4.3.
Councilor Navickas/Jackson m/s to amend motion to include into Section 4.3 the following: "complete
within a maximum time period of five years with a specified time frame to be defined by the
Environmental Assessment" under Section 4.5. Roll Call Vote: Councilors Hartzell, Chapman,
Navickas, Jackson, Hardesty and Silbiger YES. Motion passed.
Councilor Hardesty/Hartzell m/s to amend motion to move "as approved by Council" from the end of
the sentence to follow "timelines of the management plan." Roll Call Vote: Councilors Hartzell,
Chapman, Navickas, Jackson, Hardesty and Silbiger YES. Motion passed.
Councilor Hardesty/Hartzell m/s to amend motion to include the following: "including 3-5 year clean up
intervals." Roll Call Vote: Councilors Hartzell, Navickas and Hardesty YES, Councilors Chapman,
Jackson and Silbiger NO. Mayor Morrison, NO. Motion fails 4-3.
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August 5,2008
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Councilor Hardesty/ m/s to amend motion to include into Section 4.3 the following: "3-5 year clean up
intervals as a minimum."
DISCUSSION: City Attorney Richard Appicello explained that the language in the motion was similar to
what was currently in the lease. City Administrator Martha Bennett offered the following alternative language:
"at intervals of at least eveI)' five years."
Councilor Hardesty withdrew motion.
Councilor Hardesty/Navickas m/s to amend motion to include into Section 4.3 the following: After
EP A's Best Practices, "including clean up at intervals of at least every five years."
DISCUSSION: It was suggested to add "including clean up" prior to "at intervals of at least eveI)' five years."
Councilor Hardesty agreed to add "including clean up" to the motion.
Roll Call Vote: Councilors Hartzell, Chapman, Navickas, Jackson, Hardesty and Silbiger YES. Motion
passed.
Councilor Hartzell/Jackson m/s to amend motion to include into Section 4.5, #4 the following: "a
management plan" between developing and feasible and add "prevention" between remediation and
options.
DISCUSSION: Councilor Chapman noted that the four points in Section 4.5 are the minimal points to
consider when doing an environmental assessment and that the management plan follows the environmental
assessment and is separate from the plan. Councilor Hartzell agreed to withdraw the motion if language was
added that specifically stated that the City would be responsible for developing a management plan. Councilor
Jackson voiced concern that Council was over defining the terms and that it might make the lease harder to
enforce.
Councilor Hartzell withdrew the motion with consent by Councilor Jackson.
Councilor Hartzell motioned to amend motion to include into Section 4.5, #3 the following: Add a
period after "notifying Lessor and the appropriate regulatory body as required." New sentence to read:
"The City will develop and adopt a management plan with feasible remediation and prevention options
that includes timeframes, costs, ongoing monitoring and removal from entire property." Strike the
following language: "The management plan must be approved by Council."
Motion dies for lack of second.
Councilor Hartzell/Jackson m/s to amend motion to include into Section 4.3, paragraph 2, line 5, the
following: "The City will develop and adopt a management plan that at a minimum identifies
remediation, prevention and control strategies."
DISCUSSION: It was suggested to add "at a minimum," following, "management plan". Councilor Hartzell
agreed to add the language to the motion.
Roll Call Vote: Councilors Hartzell, Chapman, Navickas, Jackson, Hardesty and Silbiger YES. Motion
passed.
Councilor Chapman/Hartzell m/s to adopt the revised legal property description of August 4, 2008.
DISCUSSION: Councilor Hartzell suggested adding that the Gun Club is accountable for any contamination
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August 5. 2008
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that may have occurred in the Riparian Corridor due to Club activity and exclude the Riparian Corridor from
the lease after the clean up, if needed, occurred.
Assistant City Attorney Megan Thornton said that adding the Riparian Corridor in Exhibit D to Article 1.
Definitions, 11) Premises, would allow the City to maintain control over those areas.
Roll Call Vote: Councilors Navickas, Jackson, Silbiger, Chapman and Hardesty YES: Councilor
Hartzell NO. Motion passed 5-1.
City Attorney Richard Appicello suggested adding the following to Section 4.5 at the end of the paragraph:
"After clean up of the Riparian area or earlier, upon written request of the City, the Riparian area will be
removed from the lease premises by formal amendment."
Councilor HartzelVJackson mls to amend motion and add the following: "After clean up of the
Riparian area or earlier, upon written request of the City, the Riparian area will be removed from the
lease premises by formal amendment." Roll Call Vote: Councilors Hardesty, Navickas, Hartzell,
Jackson, Silbiger and Chapman YES. Motion passed.
Councilor JacksonlNavickas m/s to amend motion and change the location of the following sentence:
"If lead is discovered in the Riparian zones, then a plan will be developed to be approved by the
Community Development Department Director that will address lead removal, disposal, and restoration
of the Riparian zones," to the next to the last sentence in the paragraph under Section 4.5. Roll Call
Vote: Councilors Hardesty, Navickas, Hartzell, Jackson, Silbiger and Chapman YES. Motion passed.
Councilor HartzelVHardesty mls to amend motion and add the following sentence: "a maximum to
four times per year," to "The Ashland Police Department may utilize the shooting ranges outside of the
standard hours of operation for specialized training." Roll Call Vote: Councilors Hardesty, Navickas,
Hartzell, Silbiger and Chapman YES: Councilors Jackson, Silbiger and Chapman NO. Mayor
Morrison broke the tie vote with a NO. Motion fails 4-3.
Councilor Hartzell/Navickas m/s to amend motion and change the last sentence in Section 4.3 as
follows: "It is the intention of the Lessor and Lessee that compliance with the management plan during
the term of the agreement will make posting of financial security unnecessary."
DISCUSSION: City Attorney Richard Appicello explained that the original sentence was a summary of the
paragraph and not necessary.
Council Hartzell withdrew the motion with consent by Councilor Jackson.
Councilor Chapman/Silbiger mls to approve an order to City Council authorizing a lease of property to
the Ashland Gun Club as amended. Roll Call Vote: Councilors Chapman, Navickas, Jackson, Hardesty
and Silbiger YES: Councilor Hartzell NO. Motion passed 5-1.
NEW AND MISCELLANEOUS BUSINESS
1. Will the Council reject the initiated measure which requires food establishments post grade based
on health services and submit the initiated measure to the voters on November 4, 2008?
City Recorder Barbara Christensen presented the staff report on the proposed initiated measure and explained
that the measure had met all the required election laws and that the Chief Petitioner had presented the required
number of signatures to place it before the Council for their consideration. She stated that the Council options
were to either accept or reject the initiated measure. That accepting the measure would mean adoption of the
first reading of an ordinance and by rejecting it, would place it before the voters at the next election which is
the November 2008 General Election. She stated that staffwas not making a recommendation as this was a
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decision that needed to be made by the Council.
PUBLIC TESTIMONY
John Jory/188 Sunnyview/Explained that administration costs would be minimal after the inspection with
fewer than 250 grade cards distributed per year. He suggested passive enforcement and explained that only
100/0 of Ashland restaurants receive low grades. He spoke of a daily fine that the City could act on when
financially feasible. Restaurants could request a new inspection within a: couple of weeks for $250-$350 to
change the grade sooner than waiting for the next scheduled inspection.
Drew Bailey/455 N Laurel/Explained he was the Regional Representative for the Restaurant Association.
He reminded Council that they had previously opposed a similar proposal two years ago. He affirmed that the
restaurant community strongly opposed the initiative. He concluded that as an Ashland taxpayer, he would
rather see his money go to hiring more police officers or fund a fire station. He requested the initiative go to
the voters.
Michelle Glass/212 E Main StreetJExplained that she was the Food and Beverage Director at the Ashland
Springs Hotel. She stated one issue with the initiative was the cost to the City of Ashland and Ashland
taxpayers to duplicate an already existing, fully transparent and funded system. Another issue was that the
grading system would not protect the public from food born illness. A low score may not pertain to food born
related illnesses and a high score facility could have significant food handling problems. Ashland's restaurant
community would support a system that ensures food safety but the proposed measure did not provide that.
She requested that the initiative go to the voters.
Councilor Jackson/Silbiger m/s to reject the citizens measure in order to place it before the voters.
DISCUSSION: Council shared support for the measure to go to the voters. Mayor voiced his opposition to
the measure as having logistical drawbacks. It would cost the City money in materials, ensuring correct grades
were posted, and might require hiring additional staff. It would also put the City between Jackson County
Food Inspectors and restaurant owners with the City having little control over County rules.
Roll Call Vote: Councilors Silbiger, Hardesty, Jackson and Chapman YES: Councilors Hartzel and
Navickas NO. Motion passed 4-2.
2. Which four legislative priorities would the City Council select as the top priorities for the League of
Oregon Cities (LOC) during the 2009 session of the Oregon Legislature?
Mayor Morrison explained that Council needed to prioritize four items from a list of24 issues for the Oregon
League of Cities to address in the upcoming Legislative session.
Councilor m/s to select Item E, Item G, Item Q, and Item U as top priorities for the LOC during the
2009 legislature.
No action was taken on the motion due to time constraints.
3. Does the Council wish to endorse the Ashland Forest Resiliency (AFR) Project Preferred
Alternative?
PUBLIC TESTIMONY
Tony Kerwin/350 W Nevada/Explained he was the Chair of the Ashland Forest Lands Commission and
provided an overview on the six differences doucmented in the Ashland Forest Lands Commission
Recommedations for the Modification of the AFR Project Preferred Alternative.
Darren Borgias/503 Strawberry Lane/Explained he was the Staff Ecologist for the Nature Conservancy. He
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said the watershed is threatened by potentially large fires because it has not had a fire for a century. The AFR
Project would reduce the imminent threat of severe fire and help protect the natural values of the watershed
functions by carefully removing young trees in strategic sites. He encouraged Council to endorse the plan.
Chris Chambers/590 Elizabeth AvelExplained he was a member of the Ashland Forest Resiliency
Community Alternative Technical (AFRCA T) team. He noted that the Community Alternative focuses more
on forest health than forest services. He added there was no road building associated with the project even
though there would be treatments in roadless areas and possible commercial extraction. He clarified that the
number of helipads would be far less than the 31 discussed at the Study Session. He encouraged Council to
endorse the plan.
Marty Main/2779 Camp Baker, Medford/Commented on the collaborative effort that had gone into the
project and how they had tried to adhere to the Community Alternatives as much as possible and did not feel
the original intent had been changed in a significant way.
Terrence Stenson/172 AlidaINoted that the report did not include water table restoration in the drought
stricken watershed. The restoration of riparian water tab les in the tributary streams of the watershed should be
the primary goal of the Forest Services response to the danger of catastrophic fire in the watershed. He
explained the toxic hazards that occur when wood is put into streams and noted that 4 times in Chapter 8 of the
AFRCA report; there is mention of putting woody materials into streams. He stressed that the entire watershed
will turn anaerobic if the report is implemented.
Councilor Chapman/Jackson m/s to endorse the US Forest Service Preferred Alternative for the AFR
project and encourage the Forest Service to consider the modifications proposed by the Ashland Forest
Lands Commission and to continue to engage our community members as the plan moves forward.
Councilor HartzelllNavickas m/s to amend the motion with the recommendations of the Forest Lands
Commission to retain the Community Alternatives recommendation for non-commercial under story
treatment in the roadless area with 7-inch diameter base limit. In recommendation #3, to hold the
Community Alternatives recommendation for diameter limits in the road less area.
DISCUSSION: Councilor Hardesty expressed concern regarding the timeframe to make a decision when
Council still had questions they wanted to discuss. Councilor Jackson suggested moving the motion forward
with the knowledge that Council could come back with comments and questions later. Councilor Silbiger said
he did not want to second-guess the Forest Land Commissions recommendations. Councilor Chapman stated
he would not support the amendment. Councilor Navickas urged the Council to table the amendment and
motion for further discussion.
Councilor HartzelllNavickas m/s to table the amendment.
No action was taken on the motion due to time constraints.
4. Will the Council approve a contract for $15,000 between Carollo Engineers PC and the City of
Ashland for design and engineering services required to identify a location for the Talent Booster
Pump Station?
No action due to time constraints.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should the City Council conduct and approve First Reading of an Ordinance titled, "An Ordinance
Amending Chapter 10.46, Prohibiting Camping, Revising Penalties, Clarifying and Amending
Timeframes and Procedures, and Other Requirements" and move the ordinance on to second
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reading?
No action due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS
ADJOURNMENT
Meeting adjourned at 10:28 p.m.
~
Barbara Christensen, City Recorder