MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 5, 2004
Civic Center Council Chambers, 1175 E. Main Street
CALLED TO ORDER
Mayor DeBoer called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
Ashland's Assistant Attorney Mike Reeder was introduced to the Council.
Councilor Laws, Amarotico, Hartzell, Morrison and Hearn were present. Councilor Jackson was absent.
APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of September 21, 2004 were approved as presented with spelling correction on Page 5 under Ashland Community Wildlife Protection Plan "Derek Borgias" should be "Darren Borgias."
SPECIAL PRESENTATIONS & AWARDS
Mayor DeBoer noted that October 6th was International Walk to School Day. Each of Ashland's four elementary schools will be participating and children and their parents are encouraged to walk or bike to school. Each participant will receive a prize, a beverage and a chance to win bicycle equipment.
Mayor DeBoer noted that Helman, Walker and Lincoln Elementary Schools are looking for SMART (Start Making A Reader Today) Volunteers. If you are interested in volunteering, call the SMART Program at #734-5628 or contact City Hall.
Mayor DeBoer presented Certificate of Appreciation to Donna Daniels for 20 years of service to the Community Service Volunteer Program.
Proclamation of the week of October 3 - 9, 2004 as National Fire Prevention Week was read aloud by Councilor Hearn.
|Minutes of Boards, Commissions and Committees.
|Confirmation of Mayor's appointment of Ed Perkins to the Ashland Fiber Network Programming Committee for a term to expire April 30, 2006.
|Confirmation of Mayor's appointments of John Hinke and Julia Sommer to the Bicycle & Pedestrian Commission for terms to expire April 30, 2005 and April 30, 2007, respectively.
Councilor Hartzell requested that Consent Agenda item #1 be pulled for discussion.
Councilor Hartzell/Morrison m/s to approve Consent Agenda items #2 and #3. Voice Vote: all AYES. Motion passed.
Councilor Hartzell requested an amendment to the Study Session Minutes of September 22, 2004 to reflect that the Railroad District was also part of the discussion for Master Planning in Ashland. Also on Page 3 under the bullets, the word "neighborhood" should be changed to "owners".
Councilor Hartzell/Amarotico m/s to approve Consent Agenda item #1 as amended. Voice Vote: all AYES. Motion passed.
PUBLIC HEARINGS (None)
Eric Navickas/711 Faith Avenue/Spoke regarding the Ski Ashland Expansion. Mr. Navickas stated that the City Council would be holding a Study Session to discuss this issue and felt that this topic should also be placed on the Regular Council Meeting Agenda so that the public could be involved in the process. Mr. Navickas requested that the Council appeal the Forest Service decision due to the their refusal to address many of the concerns and comments submitted by the City. Mr. Navickas noted the 1929 Agreement with the Forest Service, which states that "full consideration" will be given to the City of Ashland.
Ryan Navickas/711 Faith Avenue/Spoke regarding the 1929 Agreement between the City of Ashland and the U.S. Forest Service. Mr. Navickas noted that the Forest Service Fire Management Plan included 7 miles of linear, clear-cut or heavily thinned areas along the ridge top of the Ashland Watershed. He also stated the Forest Service Environmental Impact Statement (EIS) failed to address the concerns raised by the City. Mr. Navickas explained that it was crucial for the City to exercise and reinforce its' standing in regards to their relationship with the Forest Service. Mr. Navickas requested that the Council appeal the EIS on the basis of a lack of regard for the City's wishes.
Suzi Aufderheide/321 North Mountain Avenue/Requested that the City Council authorize an independent study of the Water Table before construction continued in the Ashland Watershed. Ms. Aufderheide stated that the citizens of Ashland would be faced with higher water bills if it became necessary to transport water into the area. Ms. Aufderheide requested that a further study on the impact of the Mt. Ashland Expansion be conducted before any further construction takes place.
Paul Copeland/462 Jennifer/Spoke regarding the Mt. Ashland expansion. Mr. Copeland stated he would be appealing the Forest Service's Record of Decision along with dozens of other citizens. He stated that the City Council needed to bring more people into this process and voiced concern regarding the noticing of the Study Session. Mr. Copeland stated that the Forest Service is required to consider the stipulations that the Council requested and noted the Forest Service's denial of the QA/QC Team, denial of the phased construction request and denial of the City's Alternative be considered as a separate request. Mr. Copeland requested that the City Council appeal the Forest Service decision and asked that this issue be placed on the Agenda for a Regular Council Meeting.
Art Bullock/791 Glendower/Spoke regarding what he felt was an undisclosed conflict of interest by Public Works Director Paula Brown for the Nevada Street Local Improvement District. Statement was submitted into the public record and is located with the Council Packet information for reference.
Jack Hardesty/575 Dogwood Way/Spoke regarding the street conditions and safety hazards on what is known as the "Beaver Slide", which is the street leading down from Lithia Way to Water Street. Mr. Hardesty stated the condition of the road puts pedestrians in danger and stated that the City could be held liable if an accident were to occur. Mr. Hardesty requested that the Public Works Department install a set of stairs along the side of the road, which would make access easier and much safer for anyone using the street.
Philip Lang/758 B Street/Voiced opposition to placing affordable housing in the air space above City owned parking lots. Statement was submitted into the public record and is located with the Council Packet information for reference.
Councilor Hartzell/Morrison m/s to place the issues of the "Beaver Slide", the conflict of interest as mentioned by Mr. Bullock, and the issue of the October 6th Study Session on the Meeting Agenda. Voice Vote: all AYES. Motion passed.
"Beaver Slide" Safety Hazards -
Council agreed that the safety issues regarding the "Beaver Slide" should be referred to the Traffic Safety Commission. Council requested that they be informed of the Commission's decision.
Bullock Complaint -
It was clarified that Mr. Bullock had officially filed a Tort Claim. Council stated that they had been informed of Ms. Brown's potential conflict of interest prior to Mr. Bullock bringing this issue forward.
City Administrator Gino Grimaldi explained that the possible conflict of interest was investigated by the City Attorney, who found that no law was broken. Mr. Grimaldi stated that Ms. Brown notified him on several occasions about her involvement and it was his responsibility to notify the Council in a timely manner. Mr. Grimaldi explained that the test for a conflict of interest was whether an employee received a benefit that an ordinary citizen would not have. The City Attorney's investigation revealed that this was a situation where if someone else had been the owner of the property instead of Ms. Brown, they would have received the same benefit. In regards to the establishment of the LID, it was clarified that Ms. Brown delegated these tasks to the City Engineer and removed herself from decision making. It was also clarified that Staff followed the standard City practice in determining which property owners would be included in the LID.
City Recorder Barbara Christensen concurred with Mr. Grimaldi and stated that she had spent a considerable amount of time with Mr. Bullock in regards to his complaint. Mrs. Christensen also investigated this claim and did not find any evidence of a direct conflict of interest and stated that Ms. Brown acted appropriately.
Council requested that they be given notice when a claim like this is filed.
October 6th Study Session -
City Administrator Gino Grimaldi explained that the Study Session scheduled for October 6th was for informational purposes only. Representatives from the Forest Service and the Mt. Ashland Association would be attending the meeting, and the Council would most likely discuss their options as to how they should proceed. It was mentioned that no decision could be made at the Study Session and even the decision to take no action would need to come back to the Council during a regularly televised and noticed meeting.
Council requested that the City Attorney provide a legal interpretation of the term "full consideration", which is contained in the City's Agreement with the Forest Service. Council also requested that Staff prepare a draft agenda outlining what they wished to accomplish at the Study Session.
1. Summary of Council Goals for FY 2004-2005 and timeline.
City Administrator Gino Grimaldi presented a summary and timeline of the 2004-05 Council Goals. It was noted that these goals were developed back in January and Staff used the goals to prepare the Budget and Work Plan for the upcoming year. A brief background was explained and Department priority goals were noted.
Mr. Grimaldi clarified that Staff created a separate goal for the Railroad Transit Station. He noted that initial conversations with the Railroad have taken place and they seem open to further conversations. However given the constraints in regards to the contamination on the Railroad Property, Mr. Grimaldi does not believe that this goal will move quickly and stated that Staff would move forward with the Croman Property first.
Comment was made that Staff should speed up the process for developing the Riparian Ordinance (Goal #4).
Mr. Grimaldi clarified that Goal #13 involved the creation of weekly financial reports that would contain more detail of AFN connects and disconnects. It was noted that the next AFN Report would contain this new information.
In regards to Goal #9, Mr. Grimaldi explained that Staff was relying on the existing Comprehensive Plan. This goal would implement the Economic Development Element currently contained in the Comprehensive Plan and the intent was to implement specific tasks already outlined. It was noted that this process would begin with Staff.
In regards to Goal #20, Mr. Grimaldi stated that Staff could look into alternative funds to improve the safety issues at Wimer and North Main Street so that the City would not have to rely so heavily on the ODOT STIP funds. It was mentioned that one option could be to create a Local Improvement District to correct the problems and help fix the intersection. It was also mentioned that a property owner in this area was willing to sell the City a piece of property that would significantly reduce the complexity of the problem. Mayor DeBoer noted that he would be pushing for the City to take advantage of this offer when it becomes available.
Mr. Grimaldi clarified that the remodel of the Council Chambers was delayed until Spring 2005 due to Staff's workload and the need to take a closer look at their long-term space needs.
Request was made for the Council Goals to be divided up by department so it would be easier to determine the workload for Staff.
NEW AND MISCELLANEOUS BUSINESS
Mayor reported on the Executive Session held to evaluate the City Administrator Gino Grimaldi and that he had received an excellent review.
1. Designation of Voting Delegate for LOC Meeting.
Councilor Hartzell/Morrison m/s to appoint Councilor Jackson as the Voting Delegate at the annual business meeting of the League of Oregon Cities. Voice Vote: all AYES. Motion passed.
Councilor Morrison/Amarotico m/s to elect Councilor Hartzell as the Alternate Voting Delegate at the annual business meeting of the League of Oregon Cities. Voice Vote: all AYES. Motion passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS (None)
OTHER BUSINESS FROM COUNCIL MEMBERS
Mayor DeBoer noted there would be a Study Session tomorrow, October 6th at noon in the Council Chambers. Topics of discussion include the Mt. Ashland Record of Decision and the Final Environmental Impact Statement. Mayor DeBoer reminded the audience that a decision could not be made at the Study Session and that it was an opportunity for the Council and the public to learn about the issues.
Meeting was adjourned at 8:41 p.m.
Barbara Christensen, City Recorder
Alan DeBoer, Mayor
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