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HomeMy WebLinkAbout1999-52 Pub Interest/Obligation RESOLUTION NO. 99- A RESOLUTION EXPRESSING THE SENSE OF THE COUNCIL WITH RESPECT TO THE MORAL OBLIGATION OF CITY GOVERNMENT TO HELP AMELIORATE THE EFFECTS OF CERTAIN DECISIONS TAKEN IN THE PUBLIC INTEREST. THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. From time to time, the exercise of lawful powers of the city, while in the interest of the community as a whole, may have deleterious effects upon specific individuals. These persons' legal rights to monetary compensation sometimes do not fully make them whole. SECTION 2. In such instances, the community, through its municipal government, has a non-quantifiable, but nonetheless, quite real moral obligation toward individuals so affected. A moral obligation is defined as extra-legal or "a step beyond what the law requires," but which does not create any legal obligation. SECTION 3. It is the policy of the City of Ashland to acknowledge such moral obligations as and when they arise. The city will seek to treat such affected persons justly. After meeting its lawful financial obligations toward such persons, the city will then seek to ameliorate and to mitigate such non-compensable harm as they may suffer. It is not the intent of the city to eeeu+e financial responsibility for any business, person, or entity. This resolution was read by title only in accordance with Ashland Municipal Code Barbara Christensen, City Recorder SIGNED and APPROVED this /''~ day of ~ ,1999. Don Laws, Council Chairperson R~o form: _ Paul Nolte, City Attorney PAGE 1-RESOLUTION (F:\USER\PAUL\ORD\moral obligation reso.wpd) RESOLUTION NO. 99- 5~ A RESOLUTION EXPRESSING THE SENSE OF THE COUNCIL WITH RE$PECT TO THE MORAL OBLIGATION OF CITY GOVERNMENT TO HELP AMELIORATE THE EFFECTS OF CERTAIN DECISIONS TAKEN IN THE PUBLIC INTEREST. THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. From time to time, the exercise of lawful powers of the city, while in the interest of the community as a whole, may have deleterious effects upon specific individuals. These persons' legal rights to monetary compensation sometimes do not fully make them whole. SECTION 2. In such instances, the community, through its municipal government, has a non-quantifiable, but nonetheless, quite real moral obligation toward individuals so affected. A moral obligation is defined as extra-legal or "a step beyond what the law requires," but which does not create any legal obligation. SECTION 3. It is the policy of the City of Ashland to acknowledge such moral obligations as and when they arise. The city will seek to treat such affected persons justly. After meeting its lawful financial obligations toward such persons, the city will then seek to ameliorate and to mitigate such non-compensable harm as they may suffer. It is not the intent of the city to assure financial responsibility for any business, person, or entity. This resolution was read by title only in accordance with Ashland Municipal Code §2.04~090 duly PASSED and ADOPTED this /? day of ~ , 1999. Barbara Chdstensen, City Recorder SIGNED and APPROVED this /~7 day of ~ ,1999. Don Laws, Council Chairperson R~o form: _ Paul Nolte, City Atlorney PAGE 1 -RESOLUTION (F:\USER~PAUL\ORO~moralobligation reso.wpd) Alan Sandier clarified that there is a lot of landscaping going into the plan, and stated that they are encouraging public pedestrian access. Community Development Director John McLaughlin clarified for council that the public walkway will be at ground level, and the second story of the building will extend out over the walkway. Nolte clarified that the dates specified in the ordinance are not specified, and asked that the ordinance before council be changed to omit the first seven words "On the dates specified in this ordinance." Public hearing opened at: 9:17 p.m. No speakers came forward. Public hearing closed at: 9:17 p.m. Councilors Fine/Reid m/s to move the ordinance, as amended, to second reading. Roll call vote: Laws, Wheeldon, Hauek, Fine, Reid, and Hanson, YES. Motion pas~ed. PUBLIC FORUM Eric Navickas/711 Faith Ave/Presented council a previous statement made by the City of Ashland in 1979 regarding the Forest Service Interim Plan. Noted a previous timber sale near Wagner Butte, and stated that the Forest Service uses concern over fire hazard reduction as a means to extract timber in late successional reserve areas that would otherwise be protected. Discussed the HazRed Project, and the history of shaded fuel breaks and controlled bums. Stated that water quality should be the City's prime concern, while the Forest Service's primary interest is timber extraction, and stated that the City could stop the HazRed project until further studies are done. Wheeldon informed Navickas that there is work being done with Headwaters and the Rogue Institute to develop alternatives to the HazRed project, and suggested that Navickas attend an upcoming meeting to get involved in this process. UNFINISHED BUSINESS 1. Official Notice to City Recorder and Filing of Intent to Veto Council Legislation by Mayor Catherine M. Shaw. Mayor Shaw submitted a formal statement to the City Recorder, noting that on August 7, 1999 the Ashland City Council passed a resolution by a 4-2 vote titled: "A resolution expressing the sense of the council with respect to the moral obligation of city government to help ameliorate the effects of certain decisions taken in the public interest." Shaw briefly outlined her objections to this resolution and reasons for a mayoral veto: I. This resolution as written does not specifically outline what the City would or would not do in a situation that may be interpreted as "deleterious effects upon specific individuals." 2. In section one it infers that even where monetary compensation may be legal the city may have an obligation above and beyond that, contradicting the section three. 3. There is no attempt to define what would constitute deleterious, moral, or "a step beyond what the law requires." I urge the council to think carefully before imposing any ordinances or resolutions that attempt to legislate moral obligations. Is this not a first step toward legislating other areas that society feels are our moral obligation? 4. This resolution is simply a good-neighbor policy. Thc council and government should be dedicated to the principals of such by way of their oath of office. Do we need to legislate what we should be doing anyway? 5. Resolutions, ordinances and contracts should be measurable, quantifiable concepts that help to guide both this and subsequent governing bodies. They should not be obscure, feel-good, politically-contrived words that lack substance and clarity. Reid clarified that that the meeting was the August 17~ meeting, and stated that because she was absent the vote was 3-2. Laws confirmed this to be correct from the minutes. Nolte clarified that the charter specifies that the resolution is now automatically placed before the council for a vote, which would need to pass by a 4-2 margin to over-ride the mayoral veto. September 7th, 1999 Regular Meeting 5 Fine urged council to join him in voting Io over-ride this veto. Stated that there are citizens who believe that the city cannot be trusted based on its recent track record, and this resolution is needed to begin to rebuild community trust in the council. Wheeldon stated that she had not heard any testimony that trust in the council is lacking. Shaw expressed her concern with legislating morality, and stated that actions speak much louder than words. Emphasized that morality does not need to be legislated and dictated to future councils. Reid noted the state statute that is in place to compensate anyone forced to move from a condemnation, and suggested that any further legislation is unnecessary and playing on the emotions of the community. Fine noted the history of this resolution, and explained that state law would only require the city to pay moving expenses. Fine stated that this is inadequate, and stated that the resolution is not a statement of overarching morality, but rather a statement that the city government will not trample upon individual rights. Wheeldon clarified that both she and Councilor Hauck were opposed to this resolution from the start. Councilor Laws stated that he would support this item again, though the veto will not he over-ridden. Agreed with Fine that there is considerable sentiment in the community that the city has done many things poorly, unfairly and thoughtlessly. Stated that this resolution is not trying to legislate the type of morality suggested by the Mayor. Explained that this resolution is advocating fairness, and while it would do very little in concrete terms, he believes that there is value in a type of symbolism. Feels that the resolution could do no harm, and that the veto isn't necessary. Shaw explained that she has a problem with legislation that is basically about nothing, and with government deciding what is right and what is wrong. Hauck discussed legislating moral obligation without defining obligations as contrary to fairness, as evidenced in "tax fairness" decisions at the federal level. Laws commented that what the Federal government does is often for selfish interests, and that he is proud of Ashland in that he has never seen a councilor vote on the basis of selfish interest. Vote to approve Resolution #99-52. Roll call vote: Laws, Hanson, and Fine, YES. Reid, Hauck, and Wheeldon, NO. Motion failed 3-3. NEW AND MISCELLANEOUS BUSINESS 1. Council Meeting Look Ahead. Freeman stated that there is a study session coming up later in the week, and noted that he was available if there were any questions on upcoming agenda items. Councilor Reid requested additional information on other cities' experiences with green power. Asked that the City of Salem, Emerald Power, and other BPA utilities be contacted. Wheeldon asked for more history on council expenditures fi.om the City Recorder for the study session, and asked that specific information he pulled for five years. 2. Acceptance of Pedestrian Easement throagh the Masonic Lodge Building, 25 N. Main Street. Nolte explained the documentation included in the council packets, noting that it is a pedestrian easement connecting the Calle and the Plaza. Nolte explained the complexity of this issue, and noted that the date of the easement would coincide with the issuance of a certificate of occupancy. Reid questioned the city's responsibility in maintaining incurred with accepting this easement. Nolte clarified that the responsibility is identical to that of public sidewalks, meaning that responsibility falls on the adjoining property owner. Initially, this means the responsibility will fall to the developer, but that the city will clean and light the easement and pay for the electricity. Confirmed that the developer would install and pay for the lights. September 7t~, 1999 Regular Meeting 6