MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 5, 2008
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.
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.
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 HDR 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, EPA Mandated Water Quality Testing and WWTP, DEQ Mandated Waste Water Effluent Testing - for a period of three (3) years beginning July 1, 2008 to June 30, 2012?
Councilor Hartzell requested that Consent Agenda 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 CERT Grant.
Councilor Hartzell/Jackson m/s to approve Consent Agenda item #8. Voice Vote: all AYES. Motion passed.
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.
Ambuja Rosen/Spoke regarding tethering laws and the time limits associated with them. She made suggestions on how dog owners can obtain affordable fencing.
1. Does the Council wish to approve an order authorizing a lease of real property to the Ashland Gun Club?
Councilor Chapman/Silbiger 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 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.
Councilor Hardesty motioned 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 every five years."
Councilor Hardesty withdrew motion.
Councilor Hardesty/Navickas m/s to amend motion to include into Section 4.3 the following: After EPA'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 every 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 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 Hartzell/Jackson m/s 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 Jackson/Navickas 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 Hartzell/Hardesty m/s 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 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 m/s 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 staff was not making a recommendation as this was a decision that needed to be made by the Council.
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 10% 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 Street/Explained 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 Morrison 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 of 24 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?
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 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 Ave/Explained he was a member of the Ashland Forest Resiliency Community Alternative Technical (AFRCAT) 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 Alida/Noted that the report did not include water table restoration in the drought stricken watershed. The restoration of riparian water tables 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 Hartzell/Navickas 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 roadless 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 Hartzell/Navickas 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 reading?
No action due to time constraints.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
Meeting adjourned at 10:28 p.m.
Barbara Christensen, City Recorder
John W. Morrison, Mayor