HomeMy WebLinkAbout2010-0504 Council Mtg MIN
ASHLAND CITY COUNCIL MEETING
May 4, 2010
Page I of9
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 4, 2010
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p,m. in the Civic Center Council Chambers,
ROLLCALL
Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg described the Demobilization Ceremony for the 41 ~ Brigade Combat Team of the Oregon National
Guard (11186) April 24, 20 I 0 at the Spiegelberg Stadium and displayed a medal he received during the presentation.
He asked the community to remember these soldiers as they settle into civilian life.
He went on to thank those who volunteered for Commissions and noted vacancies on the Historic, Planning, Housing
and Tree Commissions,
Mayor Stromberg announced a public open house by the Ashland Water Advisory Committee May 5, 2010 at
Ashland High School commons regarding alternative water sources and improved water use.
He then addressed Council and explained the Public Hearing on the Croman Mill Site would reopen for public input
due to a Traffic Study recently received, Public input would pertain only to the Traffic Study, He also wanted to
postpone the process following the Public Hearing and resume discussion once the Council had completed the
remainder of the agenda, ,
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of April 19, 2010 and Regular Meeting of April 20, 2010 were approved as
presented,
SPECIAL PRESENTATIONS & AWARDS
Mayor Stromberg's Proclamations of May 8-14 as National Tourism Week and the week May 9-15 as National
Historic Preservation Week were read aloud.
CONSENT AGENDA
1. Will Council approve the minutes of Boards, Commissions, and Committees?
2. Should Council approve continuance of First Reading of an ordinance titled, "An Ordinance creating
Chapter 11.43 relating to storage of personal and recreational vehicles and amending AMC 11.24.020"
from May 4, 2010 to June 29, 2010?
3. Should Council approve continuance ofthe First Reading of nine ordinances concerning classification of
offenses and court fees from May 4, 2010 to July 20, 2010?
4. Should Council extend the Charter Communication Franchise Agreement for eighteen months to facilitate
negotiation of a new franchise agreement?
5. Will Council, acting as the Local Contracts Review Board, approve a Change Order for an additional
amount of $55,000 (total aggregate cost change of 47%) for disposing ofbiosolids during the remainder of
the current fiscal year?
6. Does Council wish to enter into an Intergovernmental Agreement with the Federal Bureau of
Investigations to participate in the Southern Oregon High-Tech Crimes TaskForce (SOHTIF) in order to
recognize investigations related to high-tech and internet crimes?
7. Will Council approve a $10,750 contract amendment to the existing contract with Thornton Engineering
ASHLAND CITY COUNCIL MEETING
May 4,2010
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for the design ofthe Liberty Street Local Improvement District project?
8. Will Council approve a City of Ashland Municipal Airport 10 year extension to a ground lease as weD as a
Specialized Aviation Service Operator Agreement for Valley Investments?
9, Should Council authorize the City Administrator to sign an Intergovernmental Agreement between
Jackson County School District #5 (Ashland School District) and the City of Ashland in relation to
collection ofthe Construction Excise Tax?
10, Does Council accept the quarterly financial report as presented?
11. Should Conncil approve a resolution to adjust budget appropriations for changes in operational expenses
to remain in compliance with Oregon Budget Law?
12. Does the Council wish to appoint Donald Morris as an "at large" memberofthe Ashland Water Advisory
Committee?
Councilor Silbiger requested that Consent Agenda items #5 and #7 be pulled for discussion. Councilor Voisin
requested that Consent Agenda item #6 be pulled for discussion.
Councilor Jackson, Navickas mls to approve Consent Agenda items 1-4 and 8-12. Voice Vote: all AYES.
Motion passed.
Public Works Director Mike Faught explained the additional $55,000 for disposing biosolids was the outcome of a
rate increase that occurred January 20 I 0 that resulted in a full year cost increase of$21 ,000 and the other corrected a
$34,000 underestimation of disposal costs made last year. Staff adjusted next year's budget accordingly,
Engineering Services Manager Jim Olson described the additional costs to the Liberty Street LID and noted that LID
projects are based on preliminary estimates, not the actual design that comes later in the process. One discovery was a
portion of Liberty Street was on private property subsequently requiring easements and negotiations that resulted in
additional costs. The original estimate of$180,000 had increased to $243,000 but staff anticipated the project coming
in well under, Council will have the opportunity to review the bids associated with the project during the construction
contract approval. The Liberty Street LID fell under the old ordinance where the City absorbs any cost over half. Mr.
Olson clarified the parts ofthe project the City and property owners were responsible for funding and noted the LID
came with a 70% approval rate.
Council expressed concern the project was more expensive than anticipated, Staff will put the construction contract
approval on a future agenda under Unfinished Business for further discussion.
Police Chief Holderness explained the Intergovernmental Agreement with the FBI would not offset the officer ratio,
The agreement will provide training and resources to pursue High Tech Crimes proactively, Council will have
another lOA with the FBI before year-end discussing logistics,
Councilor SilbigerlChapman mls to approve Consent Agenda item #7. Voice Vote: all A YES. Motion passed.
Councilor SilbigerlChapman mls to approve Consent Agenda item #6. V oice Vote: all A YES. Motion passed.
Councilor Jackson/Navickas mls to approve Consent Agenda item #5. V oice Vote: all A YES. Motion passed.
PUBLIC HEARINGS
1. After considering comments at the public hearing, will Council approve a Resolution titled, "A Resolution
Establishing Rates for the Ashland Municipal Airport, and Repealing Resolution 09-21" which increases
rates?
Engineering Services Manager Jim Olson and Public Works Director Mike Faught presented the staff report and
explained the annual review and application by the Airport Commission to adjust Airport rates. Rates were
predominantly the main revenue-generating source and reflected regional fees,
Public Hearing Open: 7:39 p.m.
Public Hearing Closed: 7:39 p.m.
ASHLAND CITY COUNCIL MEETING
May 4, 2010
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Councilor Lemhouse/Jackson mls to approve Resolution #2010-12. Roll Call Vote: Councilor Voisin,
Chapman, Navickas, Silbiger, Lemhouse and Jackson, YES. Motion passed.
2. Should Council approve a resolution adjusting the FY 2009-2010 Budget to create appropriations and
authorize expenditures for unanticipated expenses during this year?
Administrative SelVices Director Lee Tuneherg presented the staff report identifYing two additional revenues not
anticipated for this year and corresponding expenditures. The first one in the General Fund related to Administration
Department Municipal Courts receiving reimbursement fees for court appointed attorneys. The second pertained to
the Water Fund and was an additional $77,314 from an approved grant for forest interface work.
Public Hearing Open: 7:41 p.m.
Public Hearing Closed: 7:41 p.m.
Councilor Chapman/Jackson mls to approve Resolution #2010-13. Roll Call Vote: Councilor Navickas,
Jackson, Voisin, Chapman, Silbiger and Lemhouse, YES. Motion passed.
3. Does Council approve First Reading of ordinances adopting Chapter 18.53 Croman Mill and related
ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and Zoning map amendments?
Abstentions. Conflicts. Exparte Contact
Councilor Silbiger declared a conflict of interest and requested Council to recuse him from the discussion.
Coupcilor Jackson/Chapman mls to recuse Councilor Silbiger. Voice Vote: all A YES. Motion passed.
Councilor Silbiger left the room at 7:43 p.m.
The Council and Mayor reported no other Exparte contacts or conflicts of interest.
Public Hearine: and Record Re-opened 7:45 p.m.
Staff Report
Community Development Director Bill Molnar and Planning Manager Maria Harris provided a presentation that
included:
Testimony Received - Maip Themes
. Guiding Principles
. Phase II Central Blvd Improvements
. Degree of Regulation
Phased Street Improvements
. Original Central Blvd Proposal
. Central Blvd Alternative
. Mistletoe Alternative
Transportation Analysis - Mitigation
. Required for No-Build
. Required for CMD Plan
Ceptral Blvd
. Mitigation
. Required for CMD Plan Signal
Using Exiting Mistletoe Location
. Mitigation
. Required for CMD Plan - Signal @ 75% Build-out
Ashland Street-Tolman Creek Road Intersection
ASHLAND CITY COUNCIL MEETING
May 4, 2010
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. Mitigation - Required for No-Build
. Westbound Lane @ 50% Build-out
. Northbound Lane @ 90% Build-out
Ashland Street-Washington Street Intersection
. Mitigation - required for No-Build or CMD Plan Right In Right Out
. Signal
. Washington Street RxR Crossing
Basic Site Review
. Existing standards
. New standards
Compatible Industrial Site Review
. Existing standards
. New standards
Office Employment Area - Existing Standards
. Parking
. Orientation
. Fa~ade Articulation
. Pedestrian Amenities
Office Employment Area - New Standards
. Green Parking Standards
. Setbacks
. Water Conservation
. Green Streets
LEED
. Incentive Based
. . Voluntary height bonus
. Certification Levels: Gold & Silver
Croman Mill District - Approval Procednres
. Public Hearing (Planning Commission) - Major Amendments; Conditional Use Permits for new Buildings
. Administrative approval for all other actions
Mr, Molnar clarified a property owner with a permitted use who wanted to alter a dimensional requirement would be a
minor amendment with administrative approval and could be done concurrent with the approval process and not
require a CUP or a Public Hearing,
City Attorney Richard Appicello noted a letter that came in after the record closed and did not pertain to the Traffic
Study and therefore would not be included, Another letter requesting the record be left open for comments' regarding
the Traffic Study was included into the record.
Those Wishinl! to Provide Testimonv - Traffic Studv Comments Onlv
John Kruesi/148 Greenway Circle, Medford/Sit~ issues with Mistletoe Way, one regarding a 100-foot right of
way, Phase II was conceptual. He would be hesitant supporting a conceptual plan with big dollars attached; there
needs to be at least a partial final plan to finish the project.
Zacb Bromhacber/640 Tolman Creek Rd/Opposed the plan and publicly stated he will not pay for the project's
infrastructure, It was his understanding that Mistletoe Road was owned by the Rail Road and questioned why the
City would redevelop a road they did not own. He noted past information indicating the City would use a piece of his
property for a road from Washington Street to Tolman Creek Road, clarified there waS no such agreement to use his
land and wanted it removed from the map, He was not part of the Croman project and wanted to ensure the current
owners will not lose their infrastructure and rights,
,
ASHLAND CITY COUNCIL MEETING
May 4, 2010
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Marilyn Briggsl590 Glenview DrivelExplained the Right-In Right-Out will not work, a traffic light would be better
and allow left turns, The proposed plan shows three northern exits for Mistletoe Road but the current existing
Mistletoe Road was the best option because it left Oregon Department of Transportation (ODOT) out and eliminated
the need for the land trade. Retaining the existing exit will prevent four residences from having to deal with heavy
truck traffic.
Mark DiRienzo/700 Mistletoe Road #106Noiced his confusion on the latest changes to Mistletoe Road and
concerns regarding the curve and the impact to his property between Mistletoe and Mr. Kruesi's property. He
widened Mistletoe three years prior, installed a park row and a sidewalk and wanted to know if the new plan would
demolish that work. He did not understand the impacts to his property with this change, He questioned what "new
information" was and commented that Modern Fan could not rebuild on Croman because of the amount of warehouse
space they required,
Public Hearin!! Closed: 8:26 p.m.
Councilor JacksonlLemhouse mls to hold record open for written submittals regarding Traffic Study until
4:30 p.m. May 12, 2010. Roll Call Vote: Councilor Voisin, Navickas, Jackson, Lemhouse and Chapman, YES.
Motion passed.
Councilor Silbiger returned to meeting at 8:37 p.m.
PUBLIC FORUM - None
UNFINISHED BUSINESS - None
NEW AND MISCELLANEOUS BUSINESS
1. Will Council approve a fund exchange agreement with ODOT to fund the Laurel Street Sidewalk project
and an engineering services contract with Thornton Engineering for design?
Engineering Services Manager Jim Olson presented the staff report and explained the project would provide
sidewalks from the eastside of Laurel Street to Hersey Street and Helman School. He shared the history of the project
on the Capital Improvement Project (CIP) and listed the grants staff applied for unsuccessfully, The project is
currently on the Metropolitan Planning Organization (MPO) Surface Transportation Program (STP) list and recently
moved into top position. He further explained how the Fund Exchange Agreement works and that it would cover
sidewalks on Laurel Street as well as the Hersey-Laurel Rail Road crossing, Mr. Olson clarified sidewalk installation
on the rail road crossing would not include crossing gates due to the expense, the cost was approximately $700,000,
would be installed by the Rail Road and charged to the City,
Drew Bailey/455 N Laurel StreetIV oiced his support for the project and encouraged Council approval. He hoped
the design would take into consideration that Laurel Street is an established neighborhood and there could be potential
issues with park rows and traffic flow, Overall he thought this waS a great use of funds for the whole community and
expressed gratitude, ,
George Kramer/386 N LaureVSubmitted written comments into the record supporting the project.
Councilor NavickaslLemhouse m1s to approve both the fund exchange agreement with ODOT and the
personal services contract with Thornton Engineering. DISCUSSION: Councilor Navickas noted the project had
been a priority for the Council for a number of years and thanked staff for their efforts. Roll Call Vote: Councilor
Silbiger, Chapman, Voisin, Navickas, Jackson and Lemhouse, YES. Motion passed.
ASHLAND CITY COUNCIL MEETING
May 4, 2010
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2. Does the Council wish to direct staff to suhmit written comments on the Mt. Ashland Ski Area Expansion
Draft Supplemental Environmental Impact Statement?
Public Works Director Mike Faught summarized the April 19, 2010 Study Session regarding the proposed expansion
draft of the Supplemental Environmental Impact Statement (SEIS) and recommendations from Ethan Rosenthal an
Ecologist from David Evans and Associates, Recommendations included submitting written comments regarding the
water quality specifically related to the new Total Maximum Daily Loads (TMDLs) at Reeder Reservoir, establish
close coordination during implementation and request clarification on how the Ski Lodge meets bonding requirements
in the 2004 Record of Decision (ROD), Mr, Faught noted changes in the draft letter and submitted suggestions from
Councilor Navickas.
Diane McKelvey/205 Hidden LanelIntroduced herself as a member of the Mt. Ashland Board of Directors,
explained her history with Ashland and stressed the health of the watershed was imperative, The Environmental
Impact Statement (EIS) studies show there will be no increased sedimentation in the watershed. Additionally 25
, restoration projects will decrease the amount of sediment into Reeder Reservoir, She supported working with City
staff and professionals to monitor the improvements and wanted to create a cooperative relationship with the City and
Mt. Ashland Board.
Alan DeBoer/2260 Moranda Lane/Explained that Mt. Ashland was one of the biggest economic drivers the City
had and had just experienced one of their most successful years this year. Consultants have told the Board the ski
area will not survive without improvements. The proposed improvements are minor, He hoped the mountain would
not incur debt and the expansion will occur only as citizen support generates the funds to pay for the improvements,
He encouraged Council to make the letter positive and support the ski area,
Darrel Jarvis/125 N 2nd Street/Introduced himself as a member of the Mt. Ashland Board of Directors and
distributed and read a copy of Resolution 90-52 Council passed in 1990 supporting the Mt. Ashland expansion. He
described the ski area as 80% advanced terrain and 20% intermediate and beginner while 80% of skiers were
intermediate and beginner with 20% advanced. He read a quote from the proposed draft letter from David Evans and
Associates stating the City should allow the development of the Mt. Ashland Ski area in an environmentally sound
manner that allows for compliance with the Reeder Reservoir sediment TMDL. For some reason that statement was
removed and replaced with critical language in the current proposed draft, He expressed concern that a council oflay
people rejected the science and conclusions and instead made a political statement in the letter. He noted the
reference to establishing a coordination committee and explained that the Mt. AshlandBoard has always been open to
monitoring throughout the improvement process.
Cate Hartzel1/892 Gamen Way/Stressed the importance the City had in securing the Forest Service analysis of
impacts of climate change on the area, Studies by the UN and global academia point to changes in global rainfall and
the cycles and intensities of rain now, ReclassifYing the Landslide Hazard Zones revealed the characteristics of those
slopes, The expansion, changes in rainfall and snow patterns will disturb the slide areas. Sediment dumping into the
wetland will at some point risk the collapse ofthat system. That collapse and long-term sedimentation from the hills
that occur prior to the collapse will end up in the reservoir similar to the 1997 flood. She encouraged Council to leave
or add language to the letter requesting an analysis based on regional and global climate changes and the how it will
affect Mt. Ashland and the surrounding area,
Angie Thusius/897 Beach Street/Spoke on behalf of herself and the Grandmothers and Friends in Green and
expressed their concern regarding the SEIS, The US Forest Service is backing the expansion where 70 acres of old
growth forest would be cut in the road less area of the middle branch, The Ashland Ski Association would build 16
new runs in the wild eastern fork of the headwaters of Ashland creek at a lesser snow level. The middle branch
contains native and rare plants along with wildlife and is a hazardous slope area prone to landslides. David Evans and
Associates did not consider the Forest Service was basing its analysis on the 1991 Master Plan that is outdated, When
it was published, there was no knowledge ofthe delicate eco system in the middle branch, The US Forest Service did
not take into account the possible perils and impacts of global warming and the computerized model soil studies were
not based on Mt. Ashland soil conditions, After the expansion, if the Ashland Ski Association goes bankrupt the City
ASHLAND CITY COUNCIL MEETING
May 4, 20/0
Page 70f9
and community will be liable and there is a possibility the Ski Association would sell to a private company, Old
growth forests cannot be restored, David Evans and Associates were also unaware of the Community Alternative that
would allow expansion but protect the middle branch.
Tom Dimitre/901 Beach StreetlThe Ninth Circuit Court made a ruling in 2007 stating the ski area could not build
ski runs through unstable areas, Instead of revising the proposed expansion to comply with the Ninth Circuit Court
opinion, the US Forest Service did a paper exercise, changed nothing and now states everything will be fme. The new
analysis shows clear cutting in riparian reserves include these unstable areas and since reclassification have increased
from 4,5 acres to IS. This will make these areas more susceptible to landslides and the Forest Service has not
reanalyzed or adjusted amounts regarding these impacts. The economics of the ski area were poor 5 years ago and are
worse now, According to their last financial statement, cash on hand is zero. Attendance was down this year and the
ski industry across the country is flat to declining. The proposed expansion will cost at least $5million and there is a
risk of having a partially built, partially cleared ski area, with no money to finish it In 2006, the Council asked the
US Forest Service to analyze the Community Alternative and they did not. Mr. Dimitre encouraged Council to add a
second request to review the Community Alternative in the letter, it was a reasonable compromise and the Forest
Service should review it
Shelley Austin/385 Cherry LanelExplained she was a member of the Mt. Ashland Board of Directors and reiterated
the Board's willingness to create an environment of cooperation with the City and the monitoring process, The Board
has had and will continue discussions with environmental groups that oppose the expansion. It was a passionate issue
and open communication is critical for success no matter the outcome.
Ron Roth/6950 Old Hwy 99 SlDescribed his experience and involvement with Mt. Ashland over the years, He
spoke on the need for open communication and voiced surprise the City had not notified Mt. Ashland Board members
it had hired a consultant or was having a Study Session April 19, 20 I 0 regarding the Mt. Ashland Ski Area Expansion
Draft SEIS. There should have been communication with both groups being proactive.
Tracy Harding/334 Bridge StreetlUrged the City to send a strong letter. The testimony regarding cooperation was a
good idea and support for the Ski Area could come in the form of a compromise that included the Community
Alternative, The project could move along safely with all possible protection to the watershed, removing areas of
inadequate analysis and unknown impacts and keeping the best interest of the drinking water in the forefront.
Council discussed which letter they supported with some favoring the draft from Dan Evans and Associates and
others the current proposed letter. Suggested changes included removing the third paragraph from the current letter,
requesting the US Forest Service to review the Community and Knoll Alternatives, provide relative analysis to all the
alternatives suggested in the 2004 final Environmental Impact Statement, and request climate change analysis.
Councilor Jackson/Silbiger m/s to remove the third paragraph from the end of the draft letter presented
tonight regarding economic analysis. DISCUSSION: Councilor Navickas thought it was irresponsible to go into a
major development project the City was financially liable for and not request current economic data, Councilor
Silbiger clarified that Council had added a section on the SEIS regarding the bonding issue that would protect the City
from liability. Councilor Voisin noted the financial climate of the country had dramatically changed since 2004 and
that was reason enough to ask for additional analysis of the risk, this was a need to know what was going on
financially, Councilor Lemhouse thought Council was being extremely responsible by asking very specifically for an
update, ifthere was one, in the cost of restoration and whether Mt. Ashland Association can fulfill the amount. Roll
Call Vote: Councilor Silbiger, Chapman, Lemhouse and Jackson, YES; Councilor Voisin and Navickas, NO.
Motion passed 4-2.
Council discussed a statement regarding pre-decision bias towards the C-6 Expansion and the lack of analysis on the
US Forest Service's part on other alternatives, Adding a statement to the comment letter for alternatives went beyond
the scope of what the US Forest Service was asking, Other comments included a need to determine if the information
the US Forest Service provided was in the City's best interest and a reminder that it was the City's responsibility to
ASHLAND CITY COUNCIL MEETING
May 4, 2010
Page8of9
protect the watershed, not decide on the expansion, The current draft requested coordination committees, addressed
concerns about TMDL and bonding that were !Jot typical responses for a comment letter,
Councilor Jackson/Silbiger mls to direct staff to send the draft DSEIS comment letter as amended with
suggested formatting to the Forest Service.
Councilor V oisinlNavickas mls to amend the motion adding a request to the US Forest Service that a climate
change analysis be completed. DISCUSSION: Councilor Voisin explained in 2002 global climate change was an
unknown, it was appropriate to request the US Forest Service to provide some form of analysis, Councilor Jackson
was satisfied wit!\ the conclusions the Forest Service drew in the SElS regarding climate changes, Councilor
Navickas explained the ski area consistently failed economically due to snowfall and listed financial downfalls due to
consecutive dry years and supported requesting a climate change analysis.
Roll Call Vote: Councilor Voisin and Navickas, NO; Councilor Silbiger, Chapman, Lemhouse and Jackson,
YES. Motion failed 2-4.
Roll Call Vote on Original Motion: Silbiger, Chapman, Lemhouse, Navickas and Jackson, YES; Councilor
Voisin, NO. Motion passed 5-1.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should Council approve Second Reading of an ordinance titled, "An Ordinance relating to Water
Curtailment, Definitions, Exhibits, Determinations of Water Shortage, Water Curtailment Stages,
Exemptions and Appeals, and Amending Sections 14.06.010 through 14.06.060"?
Public Works Director Mike Faught confirmed the allotment for residences with irrigation and residential meters
during Stage I would receive 5,400 cubic feet (cf) of water. The Conservation Department conducted site visits and
evaluated each property prior to recommending a second meter for irrigation, Residences with two meters pay two
base rates. Staff recommended not changing additional irrigation meter allocations.
Staff also recommended retaining water waste restrictions. Removing the waste restrictions for water would eliminate
the City Administrator's authority prior to curtailment to declare a prohibition on water waste. It would also affect
water conservation efforts for "right water for right use," The current waste restrictions have worked well in the
community for immediate reductions of water, removing that restriction could result in Stage 2 curtailment Staff did
recommend removing the additional 25% allocation for residential gardens due to its impact on Conservation
Department staff,
Pam Lott/798 Oak Street/Spoke against removing waste restrictions, it was critical to have as much ability as
possible to prevent water waste and going into curtailment sooner. It was also important to educate the community on
what water waste is and let them take initial steps. She did not support someone using drinking water for
inappropriate purposes just because they had a certain amount These choices affect everyone and there are viable
alternatives, The issue was the volume of water used for these activities, not the right to use it as an individual saw
fit Water use affects everyone.
Councilor Lemhouse thought it was illogical to allot something then penalize people if they waste it Waste
restriction should 'occur through public education, the community was responsible enough not to waste water and
electricity. It was difficult to legislate how something is used or to enforce it
It was clarified that prohibiting waste applied when the start of a water emergency was determined,
City Attorney Richard Appicello read the ordinance title aloud.
Council discussed removing the 25% allotment for residential gardens, there were methods for maintaining gardens
during curtailment Concern was voiced on allowing a second meter for irrigation as well as the larger water
allocation for more than four member households,
ASHLAND CITY COUNCIL MEETING
May 4,2010
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Councilor JacksonNoisin m/s to approve Ordinance #3011.
Councilor Navickas/Chapman m/s to remove 14.06.060 (C)(6): "For residential gardens where water supply
restrictions will result in loss of food production crops..."
Roll Call Vote: Councilor Silbiger, Cbapman, Jackson, Navickas and Lemhouse, YES; Councilor Voisin, NO.
Motion passed 5-1.
Mr. Appicello read the change aloud removing from 14.06.060 (C)(6): "For residential gardens wbere water
supply restrictions will result in loss offood productions crops, residential water curtailment rates identified in
the Water Allocation Table can be increased up to 25% after confirmation by the City that the account has
instituted water efficiency improvements."
Roll Call Vote on amended motion: Councilor Silbiger, Chapman, Jackson, Navickas, Lemhouse and Voisin,
YES. Motion passed.
City Administrator Martha Bennett requested that a Special Meeting be scheduled to complete the discussion and
decision on the Croman Mill Site Project.
Councilor JacksonlNavickas m/s to continue discussion on the Croman Mill Site Project to the next meeting at
which time staff will have rescheduled a meeting for consideration. V oice Vote: all A YES. Motion passed.
2. Should Council approve First Reading of an ordinance titled, "An Ordinance Relating to Public
Contracting and Personal Service Contracts and Repealing Chapters 2.50 and 2.52"?
City Attorney Richard Appicello read the ordinance title aloud and noted the numerical limitations on discretion went
to $35,000 on personal services by direct appointment. He eXplained Council could retain Findings by the
Department Head that state when the City enters into a contract over $5,000 for personal services and staff does not
have adequate personnel there should be a plan to accomplish those services and ensure the consultant has the
appropriate expertise, The Oregon Administrative Rules (OARs) contained similar language but staff could add it to
2.52.040 Provisions of Findings under the Personal Service Contract Provisions 2.50.120 if Council wanted it
added.
Council suggested defining "competitive process" under 2.50.120 Personal Service Contracts (4)Continuation of
Work Exemption: "... work under a prior contract may be awarded without competition iftbe prior contract
was awarded under a competitive process..." as the full Request for Proposal (RFP) process. Another suggestion
directed staff to look into adding language on doing business locally,
Councilor LemhouselJackson m/s to approve first reading of Ordinance and place on agenda for second
reading. Roll Call Vote: Councilor Navickas, Lemhouse, Silbiger, Chapman, Voisin and Jackson, YES.
Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
NT
was adjourned at 10:27 p,m,
Barbara Christensen, City Recorder