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HomeMy WebLinkAbout1993-0406 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL APRIL 6, 1993 CALL TO ORDER: Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance on the above date in the Council Chambers. Reid, Hauck, Acklin, and Arnold were present. Winthrop and Laws were absent. SPECIAL PRESENTATIONS & AWARDS: A proclamation was read declaring the week of April 4-10, 1993 as "ARBOR WEEK IN ASHLAND". Acklin attended the tree planting at Garfield Park on April 5 to celebrate "Arbor Week" and accepted the City's eighth annual "Tree City U.S.A." flag from Cliff Liedtke of the Oregon Dept. of Forestry. Mayor Golden presented Street Superintendent Jerry Glossop with a Certificate of Appreciation for 20 years service with the City of Ashland. Acklin met with the French Sister City Subcommittee and the President of the Theater in Sarlat, France, Jean-Marie Vedrenne who presented the city with books about Sarlat. The Theater in Sarlat and the OSFA are considering exchange programs. APPROVAL OF MINUTES: The minutes of the Regular Meeting of March 16, 1993 were accepted as presented. Golden reported on President Clinton's Forest Conference which she attended on April 2nd in Portland. CONSENT AGENDA: Reid asked that item 5 be pulled for discussion. Acklin moved to approve the remainder as follows: 1) Minutes of Boards, Commissions & Committees; 2) Departmental Reports - February 1993; 3) Annual renewal of all liquor licenses; 4) Endorsement of nomination of the Pelton House, 228 B Street, to the National Register of Historic Places;; 6) Report by Director of Public Works on the constructed wetlands workshop. Concerning item 5) Report by Director of Public Works concerning second phase of leak detection survey on water system, Reid asked about the 59,000 gallons/day which is being lost through leaks which have been detected, and P.W. Dir. Hall said that amount is equivalent to the amount of water in six swimming pools. Reid moved to approve item 5), Hauck seconded, all AYES on voice vote. PUBLIC HEARING: P.A. 92-122 - Brodeur Annexation. Acting Planning Dir. John McLaughlin said the rear 30 units of the Knights Inn Motel are outside the City limits. Staff and the Planning Commission recommend approval of the annexation and the criteria is included in the Staff report and in notices sent to property owners. The public hearing was opened, and there being no comment from the audience, it was closed. The Resolution was read by title only annexing the contiguous area to the City of Ashland. Arnold moved adoption, Hauck seconded, all YES on roll call vote. (Reso. 93-11) Arnold moved to adopt the Findings attached to the Resolution, Acklin seconded and the motion passed unanimously ~m roll call vote. First reading of an Ordinance withdrawing recently annexed property from .lackson Co. Fire District No. 5 and zoning it E-l, Employment. Acklin moved to second Regular Meeting - Ashland City Council - April 6, 1993 - P. 1 reading, Reid seconded, all YES on roll call vote. Agreement with Brodeur and Brodeur re: settlement of the hotel/motel tax dispute. City Attorney Nolte said the agreement sets forth the terms of annexation and resolves all of the issues created by the parcel being outside of the City. Arnold moved to approve same, Hauck seconded. Arnold said settlement of the dispute in this manner makes the most economic sense for the city. All YES on roll call vote. NEW & MISCELLANEOUS BUSINESS: Marketplace Request. A memo was read from Staff recommending approval of the request to use the City's parking lot adjacent to Lithia Stationers to set up booths. Richard Hansen, Gold N Gems Jewelers, asked if the Marketplace pays parking lot assessment fees as do other businesses in the downtown area. He says the booths compete with downtown businesses, and is concerned about the ability of fire fighting equipment to access Calle Guanajuato. City Admin. Almquist agreed that the parking lot assessment should be paid by the Marketplace. On a question from Reid, Judie Bunch, Marketplace operator, said the proposed use of the Elks' parking lot came about when use of the space on Calle Guanajuato was put out to bid by the Parks Dept. and awarded to someone else. She said the current use of the space by the Marketplace will probably be on a temporary basis. Acklin requested that Staff work out a plan by which the Marketplace will pay the parking lot assessments. Acklin moved to approve the request, and Reid seconded. Acklin amended her motion to reconsider the approval if there is an expansion or change in location for the Marketplace. The motion carried on voice vote. Financial Consultant. A memo was read from Finance Dir. Jill Turner recommending Public Financial Management as the City's financial consultant. Acklin moved approval, Reid seconded, all AYES on voice vote. City Administrator's Monthly Report. Accepted. PUBLIC FORUM: No comment. ORDINANCES. RESOLUTIONS & CONTRACTS: Second Reading of Amendment to TCI Franchise. Arnold asked the Council to carefully consider waiving the right to regulate rates and feels adoption could expose the City to high cable rates. Reid asked about staff time involved in regulating rates. Acklin is concerned about a deficit in cable access channel funds, if the agreement is not adopted, and said rate increases will still need to be justified by TCI if they exceed the Rogue Valley average. Arnold said the City could impose a 2% utility user tax instead of the PEG access fee. Tim Shove said the City should retain the right of rate review. Almquist disagreed and said rate regulation is extremely complex and he would rather not have City staff get involved. He also stated that the Council decided in 1982 to tie rates to the Rogue Valley average and that this was negotiated in good faith with the cable company for the term of the franchise. Pete Belcastro, Dir. of the Cable Access Channel, said he does not believe TCI's rates are out of line or that they will be raised to an outrageous level. The amended section of the ordinance was read and Acklin moved adoption. Reid seconded the motion. The motion failed on roll call vote as follows: Reid and Acklin, YES; Hauck and Arnold, NO; Golden broke the tie with a NO vote. Reid left the room. Arnold moved to Regular Meeting - Ashland City Council - April 6, 1993 - P. 2 request staff to prepare an ordinance to implement a 2% utility user tax. Hauck seconded and the motion carried on voice vote. Repeal Water Moratorium. First reading of an Ordinance repealing Ordinance No. 2252, the Northwest Ashland Water Moratorium Ordinance. Acklin moved to second reading, Arnold seconded, ALL YES on roll call vote. Reid returned. Brodeur Annexation. An Ordinance withdrawing recently annexed property from Jackson County Fire District No. 5 and zoning it E-1 (Employment) was acted on earlier in the meeting. Brodeur Annexation. Resolution annexing the area was read and adopted earlier in the meeting. Set Hearing - Assessment District No. 65. A resolution was read by title only setting a public hearing for assessments to be charged against lots within the Tolman Creek Road Assessment District No. 65 and within Ashland Loop Road Assessment District No. 65. Arnold moved adoption and Hauck seconded. Nolte said the resolution adopts the public notice which should be amended to note a deadline of Noon on April 20 for objections to the LID to be filed, which will give Staff time to compute the remonstrances. Arnold amended his motion as recommended by Nolte, Hauck seconded, all YES on roll call vote. (Reso. 93-10) Transient Occupancy Tax. Reading by title only of a resolution of the City Council reiterating its policy of relating the expenditures of funds for economic development to the Hotel/Motel (Transient Occupancy) tax. Arnold moved adoption, Hauck seconded, all YES on roll call vote. (Reso. 93-12) Canvass of Vote. Reading by title only of a resolution declaring the canvass of the vote at the election held in and for the City of Ashland, Oregon on March 23, 1993. Arnold moved adoption, Hauck seconded, all YES on roll call vote. (Reso. 93-13) OTHER BUSINESS FROM COUNCIL MEMBERS: Arnold said Council discussed the Fair Housing Ordinance at goal-setting regarding discrimination due to handicaps and sexual orientation, and said he would like to begin work on this. All agreed. In reference to Mayor Golden's attendance at President Clinton's Forest Conference in Portland recently, Acklin noted that Ashland is fortunate to have a diverse economic base. ADJOURNMENT: The meeting adjourned at 9:30 P.M. ( i'/sse~llChad'~i'ick, Jr .~~ ' ~cting City Recorder (d: I, min\4-6-93) Catherine M. Golden Mayor Regular Meeting - Ashland City Council - April 6, 1993 - P. 3