HomeMy WebLinkAbout2010-1102 Council Mtg MIN
ASHLAND CITY COUNCIL MEETING
November 2, 2010
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MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
November 2, 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.
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present.
Mayor Stromberg added an additional item to the Consent Agenda "Does the City Council accept the
. resignation of the City Attorney?" and noted the passing of Senora Chela's husband.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced vacancies on the Tree, Transportation, Housing, Planning and Public Arts
Commissions. The deadline for applications for the Citizen Budget Committee was November 5, 2010.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of October 18, 2010 and Regular Meeting of October 19, 2010 were
approved as presented.
SPECIAL PRESENT A TIONS & A WARDS
Mayor Stromberg presented a retirement plaque to Deputy Police Chief Rich Walsh. Both the Council and
Police Chief Terry Holderness expressed appreciation for Deputy Chief Walsh's contributions to the Police
Force. Chief Holderness went on to present Deputy Chief Walsh with his retirement badge.
CONSENT AGENDA
1. Will Council accept the Minutes of the Boards, Commissions and Committees?
2. Does the City Council accept the resignation of the City Attorney?
Councilor ChapmanNoisin m/s to approve Consent Agenda item. Voice Vote: all AYES, Motion
passed.
PUBLIC HEARINGS (None)
PUBLIC FORUM (None)
UNFINISHED BUSINESS
1. Does the City Council wish to adopt findings prepared by staff to formalize the Council's decision
on the AT&T Wireless Communications Facility appeal?
Ex Parte Declarations
Councilor Navickas commented his campaign committee had noted the issue.
Councilor Jackson explained that although she was absent during the Council meeting where the deliberation
took place, she had reviewed the minutes and was able to decide on the proposed findings.
Councilor Voisin/Chapman m/s to adopt findings as presented, DISCUssiON: Councilor Chapman
expressed appreciation to staff on the simplicity and clarity of the findings. Roll Call Vote: Councilor
Silbiger, Voisin, Navickas, Chapman, Jackson and Lemhouse, YES. Motion passed,
ASHLAND CITY COUNCIL MEETING
November 2,2010
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2, Does Council have questions regarding the current status of the Lithia Springs Property lease
extension including the environmental assessment work and implementation of the best
management practices by the Ashland Gun Club?
Public Works Director Mike Faught presented the staff report on the progress of this item. This included
installing a new electronically controlled gate, additional fencing to restrict access to historical resources and
developing the schedule for lead removal on the property. Staff anticipated receiving a report from the
Department of Environmental Quality (DEQ) February 2011 that would determine how to proceed.
Mr. Faught clarified the City was responsible for environmental cleanup if the use changed from the Gun Club.
He eXplained that the current lease had language that would require cleanup by the Gun Club. Assistant City
Attorney Megan Thornton confirmed the proposed lease would require more extensive cleanup ofthe property
by the Gun Club and clarified the proposed lease was a draft only and that there was no agreement atthis time.
NEW AND MISCELLANEOUS BUSINESS (None)
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Will Council approve Second Reading of ordinance titled, "An Ordinance Relating to Noise and
Heat Pumps of Mechanical Devices and Amending AMC 9,08.170, 9,08,175, and 15,04.185"?
Assistant City Attorney Megan Thornton acknowledged the Parks and Recreation Department's noise policy
and did not think it created conflict with the proposed ordinance. Staff could add a clause to the ordinance
indicating when there was a more specific provision stated that would govern and not the noise ordinance.
She clarified provisions in the ordinance pertaining to leaf blowers and similar devices and how the General
Noise Prohibition would cover anything that fell into the General category.
Mayor Stromberg addressed questions made by Cate Hartzell at the October 19, 2010 Council meeting and
explained the City had adopted the Oregon League of Cities model noise ordinance using the reasonable
person standard. Ms. Thornton eXplained there were two options for noise ordinances, one was the reasonable
person standard and the other was a decibel level approach. The reasonable person standard was a general
concept based on what a reasonable person would do under reasonable circumstances and the standard was
pervasive throughout the law. She noted the case from Virginia decided under Virginia State law where the
Virginia Supreme Court found the ordinance unconstitutional. However. the Federal Constitution found the
ordinance constitutional. There was no case law in Oregon regarding this and the proposed ordinance held up
in other jurisdictions.
Police Chief Terry Holderness provided examples of citations for the noise ordinance and how the Police
Department used the reasonable person standard. He did not think it would increase citation issuance. Ms.
Thornton added the proposed ordinance was not different from the current noise standard and the only changes
were to the language. She also explained that often cities did not adopt decibel systems because it was difficult
to set decibel levels, expensive to purchase the equipment and train staff to operate the equipment to enforce
the ordinance.
Councilor Lemhouse/Jackson mls to approve Ordinance #3038.
DISCUSSION: Councilor Lemhouse thought the noise ordinance was straightforward. He did not think the
City should base their decision on case law out of Virginia or the definition of terms in Wikipedia. The
reasonable person standard was pervasive through out the law and using the decibel reader would still require a
judgment on what was reasonable.
Councilor Voisin/Navickas mls to amend language in Section 1. 9.08.170 Unnecessary Noise D. Noises
Prohibited 4, Non-Emergency Signaling Devices changing from 10 seconds to 90 seconds.
DISCUSSION: Councilor Voisin explained bells at Southern Oregon University(SOU) rang 75 seconds and
a citizen could use the ordinance to prohibit the chimes. Councilor Navickas suggested adding an Exemption
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November 2. 2010
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for hourly bell chiming. Councilor Silbiger agreed. Councilor Jackson noted the second sentence of the
statement made the exemption. Councilor Navickas explained the exemption was for amplified sound, not
school bells and therefore not covered.
Councilor Voisin withdrew the motion with Councilor Navickas' consent,
Councilor VoisinlNavickas mls to amend language under F. Exemptions adding J, Bell Tower Chimes.
Roll Call Vote: Councilor Chapman, Voisin, Lemhouse, Jackson, Navickas and Silbiger, YES. Motion
passed.
Councilor ChapmanlLemhouse mls to amend to F. Exemptions deleting E. Repairs or excavations of
hridges, streets or highways by or on behalf of the City, the State, or the federal government, between
the hours of 7:00 p.m. and 7:00 a.m" when public welfare and convenience renders it impractical to
perform the work between 7:00 a.m, and 7:00 p,m.
Roll Call Vote: Councilor Chapman, Voisin, Lemhouse, Jackson, Navickas and Silbiger, YES, Motion
passed.
Continued discussion on amended motion:
Councilor Navickas eXplained the ordinance would address complaints between neighbors and act as a tool for
the Police Department to apply a reasonable person's standard.
Assistant City Attorney Megan Thornton read the ordinance title and changes deleting Section F. 1.E. and
adding I. Bell Tower Chimes to Section F, Exemptions aloud.
Roll Call Vote on amended motion: Councilor Chapman, Voisin, Lemhouse, Jackson, Navickas and
Silbiger, YES. Motion passed.
2, Will Council approve Second Reading of an ordinance titled, "An Ordinance Relating to Public
Contracting and Amending AMC 2,50,080, 2,50,090, 2,50,100, 2.50.120, and 2.50.130"?
Public Works Director Mike Faught read the change to Personal Services Contracts Section 4, 2,50,120
Personal Services Contracts A. second sentence adding: ".. .for personal services contracts greater than
$5,000, but less than $75,000" the Public Contracting Officer shall make findings that City personnel are not
available to perform the services, and that the City does not have the personnel or resources to perform the
services required under the proposed contract.
Councilor Chapman asked if the definition added preferring local contractors had been effective. Mr. Faught
noted there had not been a significant change adding the preference because the Public Works Department
tended to hire locally often.
Council discussed the pros and cons of how staff could notifY Council on Requests for Proposals (RFP) for
Professional Services Contracts. Council suggested staff forward RFPs to them in advance of Council
meetings so Council can add specific RFPs to the agenda for discussion. Another suggestion was adding
ordinance language requesting staff to bring projects to Council at the solicitation stage of an RFP for
Professional Services over $75,000, Master Plans orthe sale or lease of property. A third suggestion was have
staff write the policy as an order and add to the City's internal contracting policy. Concern was expressed
codifYing the request for RFPs would make it more difficult to change if needed.
Assistant City Attorney Megan Thornton read the ordinance title aloud.
Councilor SilbigerlLemhouse mls to approve Ordinance #3039.
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. .
Councilor N avickasN oisin mls to amend the motion to add an additional section under 2.50.080 that
requires staff to bring projects to Council at the solicitation stage of an RFP for Professional Services
over $75,000, Master Plans or the sale or lease of property, DISCUSSION: Councilor Navickas thought
it was a reasonable effort to ensure transparency regarding RFPs and gain efficiency. This was a limited list of
large projects with significant costs associated to them. Councilor Jackson had a point of clarification on
Master plans currently in progress. Ms. Bennett clarified that Council saw the RFPs for the Water,
Transportation, Storm Water and Waste Water Master Plans over the past two years through the Capital
Improvement Plan (CIP) and the Budget process. The amendment would bring them forward a third time to
approve the request. Councilor Lemhouse thought it was better not to codifY and give direction to staff instead.
He was hesitant to step out of the policy-making role and into a management role. Councilor Voisin saw it as
taking responsibi lity for taxpayers' dollars. Councilor Navickas added it was beneficial having more people in
the review process. Councilor Chapman would not support the amendment. He agreed it was important for
Council to review RFP's but wanted a different process. Roll Call Vote: Councilor Navickas and Voisin,
YES; Councilor Silbiger, Chapman, Jackson and Lemhouse, NO. Motion failed 2-4.
Roll Call Vote on amended motion: Councilor Navickas, Silbiger, Voisin, Chapman, Jackson and
Lemhouse, YES, Motion passed.
Councilor Silbiger/Lemhouse mls that staff bring back a resolution providing that Council receive RFPs
for Professional Service Contracts over $75,000, purchase or sale of land use and Master Plans
approximately one week in advance of the RFP. Voice Vote: all AYES. Motion passed.
Staff would look into measuring the use of local providers.
3, Will Council approve First Reading of an ordinance titled, "An Ordinance Relating to Public
Rights of Way and Amending AMC 13,02" and move the ordinance on to Second Reading?
Engineering Services Manager Jim Olson explained twelve years before the City established an encroachment
permit system for citizens to use the public right of way for private use. Criteria for the permit required the use
to be temporary with the City having the right to reclaim the property at the user's expense and other issues for
liability. The process worked well but staff did not have the codified authority to issue permits that the
proposed ordinance would provide.
Mr. Olson explained the process for encroachments on electrical easements and existing encroachments
lacking permits. As long as it was physically possible to remove the encroachment and the owner funded the
removal, a person could get a permit.
Councilor Voisin/Jackson mls to approve first reading and set the matter for second reading.
Assistant City Attorney Megan Thornton read the ordinance title aloud.
Roll Call Vote: Councilor Lemhouse, Chapman, Navickas, Silbiger, Voisin and Jackson, YES. Motion
passed,
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
ADJOURNMENT
Meeti was adjourned at 8:31 p.m.
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Stromberg, Mayor