MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 18, 2000
Civic Center Council Chambers, 1175 E. Main Street
PLEDGE OF ALLEGIANCE
Mayor Shaw called the meeting to order at 7:07 p.m., in the Civic Center Council Chambers.
Councilors Laws, Reid, Hauck, Hanson, Wheeldon and Fine were present.
APPROVAL OF MINUTES
The Regular Council Meeting Minutes of June 20, 2000 were amended on page 1 under Consent Agenda, 2nd paragraph should read as follows: "Reid noted that she believed that Tolman was given priority previously, and stated that she wanted to clarify the meeting date where the priorities were changed to Strawberry Lane and separate her from that decision"; page 3 under Tolman Creek Road LID Discussion, sentence should read as follows: "Reid requested that the council identify when the Westwood/Strawberry LID was given priority over Tolman Creek Road" and Continued Meeting Minutes of June 21, 2000 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS (None)
1. Minutes of Boards, Commissions and Committees.
2. Confirmation of Mayor's appointments to Siskiyou Boulevard Design Citizen Advisory Committee.
3. Liquor License Application from Tom Burt dba Cantwells.
4. Approval of Street Cuts on Clover Lane and Fordyce Street to install utility services.
Items 1, 2 and 4 were pulled by council for discussion. Councilor Reid requested clarification from the minutes of the Parks Commission of May 22, 2000 meeting. Under VI. New Business, the property under discussion was not identified. City Recorder Christensen agreed to speak to the Parks Department to obtain this information.
Councilor Fine noted that he would be voting no on item #2. It was clarified that these meetings would be publicly noticed so that interested parties could attend.
Council discussed the continuing requests for street cuts on streets that were under moratoriums. It was noted that the purpose of requiring cuts in streets, prior to resurfacing, is to assure that the public interest is met. Public notice is given when streets are to be placed under moratorium and consideration is given to urgent situations.
Fine felt this is a case where the private individual’s financial interest is at stake and is not a situation where the public interest is jeopardized. Fine suggested that the current ordinance be modified in either of two ways, whichever the Public Works Director, in her professional opinion, recommends as being the more practical alternative: Either the ordinance might be amended to require that when a person is given extraordinary permission to cut a newly paved street, that person would be required to give a personal undertaking to come back at his own expense and patch the street whenever it needs patching for a period of a few years,-; or, alternatively, the ordinance might be amended to require that person to post a bond so that if the city has to patch over his patches, the public is not bearing the expense. He stated, with respect to the current request, that he is not persuaded that the public interest justifies this exemption.
Public Works Director Paula Brown explained that the slurry backfill has helped immensely with eliminating the big dips from previous backfill. She stated that there is still some subsidence whenever there is a cut in the street due to the difficulty with adherence. Hauck noted that it is has been proved, that even a five-year street, once it has been cut, that the useful life of the street is shortened considerably.
Brown suggested that the council consider modifying the fees that are charged for pavement cuts for moratorium streets. She explained that we do have precedence with the Telecommunication Fees. Brown stated that there have been 91 pavement moratorium streets since 1997 and only seven of those have come before the council.
Reid suggested that we should be thinking ahead, as a community, to stub this out and be ready. Brown explained that this is a unique situation and that new ownership has occurred.
City Recorder Christensen explained to the council that when lien search requests are received in her office, and the property address is on a street under a moratorium, this information is provided to the title company to pass on to the prospective buyer of the property.
Councilors Reid/Wheeldon m/s to approve Consent Agenda items #1-3. Voice Vote: all AYES. Motion passed.
Councilors Hauck/Reid m/s to approve Consent Agenda item #2. Voice Vote: Laws, Reid, Hauck, Wheeldon and Hanson, YES; Fine, NO. Motion passed.
PUBLIC HEARINGS (None)
Eric Navikas/711 Faith Street/Provided Resolution #79-51 relative to the interim management plan prepared by the US Forest Service concerning the Ashland Municipal Watershed. Navikas presented slide show that indicated removal of trees and areas of brush. He noted attachment "A" from Resolution #79-51regarding the forest service interim plan and requested that council keeps this in mind.
Shaw gave brief background information during the time period of the last logging in the watershed area. She explained that at that time the university had sold some of its land overlooking the university area to Superior Lumber and that it was slated for clear cut. Due to a severe drought, there were problems with standing dead trees on city owned land. She explained that the city made a deal with Superior Lumber that if Superior would leave some of the trees standing on the Superior property, the city would give them, in exchange, equal board trees that were standing dead on city owned land. She further explained, that the city marked the trees on the Superior property that were to be left and then marked the trees on the city owned property that were to be cut. She stated that trees that are marked do not necessarily mean that they are marked to be cut, but that it could indicate trees that are to be left standing. Shaw clarified that the deal made with Superior was not about fire reduction, but about preventing clear cutting on the Superior property.
Wheeldon noted that Linda Duffy from the US Forest Service will be talking to the Watershed Alliance tomorrow morning at the Community Center regarding the project mentioned by Navickas. She noted that concerns brought up by Navickas have resurfaced in these meetings and that there are a number of individuals representing the city who are working toward solutions. She explained that the council and Mr. Navickas would be welcome at this meeting.
Wheeldon clarified that Duffy is preparing to issue the final EIS (Environmental Impact Statement) on this project and that the Watershed Alliance did submit a report on the draft EIS.
Calvin Martin/229 West Main Street, Medford/Representing Clearwater Technologies. Martin commented on the issue of whether his company was capable of handling the city’s sludge. He explained that he had requested that the DEQ send a letter to the City of Ashland, relating to their permit and qualifications, and that this had been forwarded onto the council for their information.
Martin noted a concern by the City of Grants Pass, whom they provide service to, regarding the City of Ashland not having a pre-treatment ordinance. The City of Grants Pass wants assurance that they would not be subject to any poisons from the City of Ashland’s sludge that could harm their digester. They requested that Clearwater Technology run a test of 2,000 gallons of waste activated sludge that is aerobically digested from Rogue River, and is similar to Ashland’s sludge from our treatment plant when it is complete. He explained that they are planning on conducting the test this week and do not anticipate any problems.
Martin stated that he had not met with the city engineer to present the proposal. He explained that there are issues he would like to clarify, including the number of trips made by the trucks and the amount hauled. Shaw indicated that Martin should first speak to the City’s Public Works Director and then take direction from there.
UNFINISHED BUSINESS (None)
NEW AND MISCELLANEOUS BUSINESS
1. Council meeting Look Ahead.
Reid noted item #6 and requested how vacation and relocation of a public pedestrian easement are noticed to the public. City Attorney Paul Nolte explained that there is no legal requirement for notice, but that it is a matter of policy. He stated that he is not aware of any existing policy as this type of vacation/relocation is rarely done. Reid noted that there could be a chance that neighborhood access could be affected if it involved a trail, etc.
City Administrator Scoles explained that the look ahead is intended to give the council an idea of what items are coming up and does not usually include more information than this. He explained that staff would comply with any notice requirements. Nolte explained that there is an easement that has been dedicated to the city. Laws commented that staff uses good judgement in notifying individuals who may want to comment.
Wheeldon noted that she would be absent from the Study Session of July 19, 2000.
2. Fourth Annual Report on Implementation of the Valdez Principles
Administrative Services Director Dick Wanderschied explained that this is the fourth annual report presented to the council. Noted the following new items to the city activities and initiatives that support the Valdez Principals:
PROTECTION OF THE BIOSPHERE: Pistol Range Restoration Project
SUSTAINABLE USE OF NATURAL RESOURCES: Green Power Purchase by the City, Natural Gas Vehicle, Natural Gas Bicycle, Transportation, Transit and Parking Initiative, "B" Street Subsurface Drip Irrigation System and Signage, and Irrigation Signage at Copeland Lot and Wilderness Charter School.
REDUCTION AND DISPOSAL OF WASTE: Energy Conservation Newspaper Article Series, TID Education Project AND Switch from Diesel Fuel to Propane for Fire Extinguisher Training Conducted by Fire Department.
WISE USE ENERGY: City’s Natural Gas Vehicle.
RISK REDUCTION: Riparian Video.
DISCLOSURE: 1999 Water Quality Report (published June 2000).
Wanderschied noted that the Green Business Program is under Conservation Commission Activities and is not considered new as it was started last year. Reid noted her participation in this program but commented that it is better designed for a larger business. Wanderschied explained that it is good to hear feed back regarding the program and that it may be a good idea to develop a new category for small businesses when determining if the program will continue. Wheeldon noted that Ross Finney was given a special award, for an outstanding graduate student, and that his project was the Green Business Program.
Wanderschied noted the Solar System Program dedication is scheduled for July 28, 2000.
Eric Navickas/711 Faith Street/Spoke of his appreciation of the Valdez Principals and used this as an opportunity to speak on behalf of the Ski Ashland expansion project. He emphasized the rare stand of spruce that exists in this area and noted the hydrology of this area.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second reading by title only of "An Ordinance Amending Chapter 18.32 of the Ashland Municipal Code - Land Use Ordinance, Amending the Side Yard Setback Requirements."
Councilors Hauck/Wheeldon m/s to approve Ordinance #2859. Roll Call Vote: Laws, Reid, Hauck, Hanson, Wheeldon and Fine, YES. Motion passed.
2. Reading by title only of "A Resolution amending the pay schedule for Management and Confidential Employees for Fiscal Year 2000-2001."
Councilors Reid/Fine m/s to approve Resolution #2000-18. Roll Call Vote: Fine, Reid, Hanson, Hauck, Laws and Wheeldon, YES. Motion passed.
3. Reading by title only of "A Resolution authorizing an inter fund loan to the Community Development Block Grant Fund and Telecommunications Fund."
Councilors Hauck/Wheeldon m/s to approve Resolution #2000-19. Roll Call Vote: Laws, Fine, Wheeldon, Reid, Hauck and Hanson, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS (None)
Meeting was adjourned at 7:55 p.m.
Submitted by Barbara Christensen, City Recorder