MINUTES FOR THE REGULAR MEETING
November 2, 2010
Council Chambers
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 PRESENTATIONS & AWARDS
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 Chapman/Voisin 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
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,
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
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 of the property by the Gun Club and clarified the proposed lease was a draft only and that there was no agreement at this time.
NEW AND MISCELLANEOUS BUSINESS (None)
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Will Council approve Second
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
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 m/s 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
Councilor Voisin/Navickas m/s 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 for hourly bell chiming. Councilor Silbiger agreed. Councilor
Councilor Voisin withdrew the motion with Councilor Navickas’ consent.
Councilor Voisin/Navickas m/s to amend language under F. Exemptions adding I.
Roll Call Vote: Councilor Chapman, Voisin, Lemhouse,
Councilor Chapman/Lemhouse m/s to amend to F. Exemptions deleting E. Repairs or excavations of bridges, 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,
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
Roll Call Vote on amended motion: Councilor Chapman, Voisin, Lemhouse,
2. Will Council approve Second
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 or the 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 Silbiger/Lemhouse m/s to approve Ordinance #3039.
Councilor Navickas/Voisin m/s 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
Roll Call Vote on amended motion: Councilor Navickas, Silbiger, Voisin, Chapman,
Councilor Silbiger/Lemhouse m/s 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
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 m/s 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
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
ADJOURNMENT
Meeting was adjourned at 8:31 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor