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HomeMy WebLinkAbout1993-0504 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL MAY 4, 1993 CALL TO ORDER: Mayor Catherine Golden called the meeting to order at 7:30 P.M. on the above date in the Council Chambers. Laws, Reid, Hauck, Acklin, Winthrop, and Arnold were present. SPECIAL PRESENTATIONS: Proclamations were read as follows: "National Drinking Water Week" - May 2 - 8, 1993; and "National Historic Preservation Week" - May 9 - 15, 1993. APPROVAL OF MINUTES: The minutes of the Regular Meeting of April 20, 1993, were accepted as presented. CONSENT AGENDA: Hauck moved to approve the Consent Agenda as follows: 1. Minutes of Boards, Commissions, and Committees; 2. Departmental Reports - April 1993. 3. Confirmation of Mayor's appointments: ao Lyle Smith to Airport Commission for term expiring April 30, 1994. b. Re-appoint Tim Bewley to Cable Access Commission for term expiring June 30, 1996. c. Re-appoint Suzi Aufderheide to Cable Access Commission for term expiring June 30, 1996. 4. Quarterly report from SOREDI, for period of January through March, 1993. 5. City Administrator's Monthly Report for April 1993. Winthrop seconded the motion which carried on voice vote. PUBLIC HEARINGS: P.A 93-058, Open Space Request - Bill & Gloria Richey. Planning Dir. McLaughlin said the Oregon Revised Statutes allow property owners to request a comprehensive plan map designation as open space, which removes development rights and lowers property taxes. He reviewed the request to change 2.32 acres from Single Family Residential to Open Space. The Planning Commission recommends approval with the condition that a conservation easement to prohibit development of the property follow with the land. The public hearing was opened, there was no comment and it was closed. Golden made a site visit and said this open space will add important visual relief. Reid said it could provide affordable housing. Winthrop is concerned that there is so much property not on the tax roles, and if neighborhood access were provided he would feel differently. Laws said there is still a social advantage in that it provides habitat for wildlife and vegetation, and is good for the neighborhood even if neighbors don't have access. He suggested it be referred back to the Planning Commission for development of a policy. Reid is concerned with alternative pedestrian/bike routes out of neighborhoods. Acklin said criteria should consider the total impact of piecemeal types of open space donations on the open space plan, also considering neighborhood characteristics and maintenance of non-public open spaces. Arnold agreed. Laws moved to refer the issue back to the Planning Commission with instructions to develop a policy for all future requests, taking into consideration the above concerns. Reid seconded and the motion carried on voice vote. Regular Meeting - Ashland City Council - May 4, 1993 - P. 1 4% Food & Beverage Tax Increase. A memo from Finance Dir. Turner was read dated April 30, 1993 regarding wastewater treatment plant financing, and urging Council to either raise sewer rates by 25% or enact the 4% F&B tax increase. Public Wks. Dir. Hall said he received no written comments, and reviewed his memo dated May 3, 1993 outlining cost ranges for each alternative. The public hearing was opened, and Bob Reinholdt, 202 Oak Lawn, asked to what extent State and Federal governments are willing to participate in this project. Almquist said there are no state or federal programs to provide assistance; and Winthrop said the basic policy initiatives have come from the Federal government. Russ Silbiger, 562 Ray Lane, said the tax is wrong, the amount of revenue to be raised is not known, nor is the effect on business owners. Laura Mercer, 725 Terra Ave., asked about the effective date and the cost for sewage treatment plant improvements. Carl Oates, Ashland Wetlands Coalition, urged Council to not approve the increase at this time. He feels Councilors should be more familiar with wetlands and if Federal funds are available. Gary Schrodt, Wetlands Coalition spokesperson, 681 Liberty, said the Coalition is opposed to raising the tax at this time. He said the citizens should be taxed only after they know what the costs will be, and other funding alternatives should be considered. Hall said the only funding sources he is aware of are EPA grants. There being no further comment from the audience the public hearing was closed. Laws said Council should act on the information available at this time. Winthrop noted that the voters decided the 4% is an acceptable way to partially fund the program, and proposed legislation could invalidate the tax, so Council should act now. Acklin said adding the 4% is irresponsible and should not have been done in the first place without the benefit of a public hearing. She said everyone will derive benefit from the improvements, hotels/restaurants can pay higher rates, and low income individuals can be fairly subsidized. Acklin noted that the rates have to be raised in order to go to the bond market, and she will vote against the 4% additional tax. Arnold said he voted against the tax, but will vote for this because a majority of the citizens indicated that this is the preferred funding mechanism. Laws agreed. A resolution was read increasing the food and beverage tax from 1% to 5% pursuant to Ashland Municipal Code Section 4.34,020.D., effective July 1, 1993. Hauck moved adoption, Winthrop seconded, and the motion passed on roll call vote with Acklin dissenting. (Reso. 93-15) NEW & MISCELLANEOUS BUSINESS: Comprehensive Housing Affordability Strategy. Winthrop brought this to Council to make them aware of the document requirement, and to determine if the City should prepare same or enter into a consortium with Medford and Jackson Co. Laws would like to know what the money can be spent on. Hauck said Medford uses these funds for service programs. Reid mentioned pedestrian access Regular Meeting - Ashland City Council - May 4, 1993 - P. 2 i.e., sidewalks near schools. She suggested reviewing Council goals for those which need funding. Arnold would like to submit a document by October 1, after receiving public input on funding priorities. All agreed to proceed. Acklin prefers the consortium approach. clay Street Request. Reid said the petitioners asked that this issue be postponed until June 1. Ashland Loop Road Assessment. Becky Neuman, 4240 Clayton Rd., and the property owner being assessed for the improvements, said the City's contract engineer made an error and she should not have to pay the additional $5,000+. Reid noted that design problems at Morton and Ashland Loop were straightened out by this project, and said the LID benefits more than just the Neumans. She said the City should absorb the $5,720 or attempt to negotiate with the design engineer. Hall reviewed his memo dated March 23, 1993 outlining the history of project, and said the same situation would have occurred if the Neuman's had the work done on their own. Arnold noted a letter in the record in which the Neuman's agreed to pay the $57,948. Hauck said the policy is that if a bid comes in a certain amount over the engineer's estimate the project is dropped, as occurred in this case. Kurt Knudson, speaking for the Neuman's, said they have absorbed more than 10% over the estimate already. On a question from Winthrop, Hall said the monies would be taken out of the street overlay program. Winthrop moved to reconsider action taken on April 20, and Reid seconded the motion. Acklin is sympathetic but would rather not set back the street resurfacing program. The motion failed as follows on roll call vote: Reid and Winthrop, YES; Laws, Hauck, Acklin, and Arnold; NO. Planning Commission Retreat. Mike O'Brien, Daily Tidings Publisher, spoke in protest of the alleged violation of the Open Meetings Law by the Planning Commission recently. He distributed a letter from their attorney, which supports his position, and reviewed portions of same. He asked that the Council recognize the violation and establish a policy on retreats for the future. Nolte received and reviewed a copy of the letter, spoke with their attorney, but disagrees that the law was violated. He said the Attorney General has determined that discussions about personal interaction which do not involve deliberation on a decision are not public meetings. Barbara Jarvis, Planning Commission Chair, said a discussion was held about personal interaction and no planning action was discussed. She feels the Commission has been unfairly denigrated by the newspaper, and said the Commissioners are committed, they work hard, and take their positions very seriously. She requested that Council not make a decision on this issue at this time. Laws, liaison to the Planning Comm., said the meeting was called as a work session, and the Commission retired to a private meeting when questions were raised about procedures for allowing testimony. Arnold said a policy should be prepared for these citizen groups to avoid future problems. Acklin said retreats have been used in the past and the press was sensitive to the personal Regular Meeting - Ashland City Council - May 4, 1993 - P. 3 nature of issues to be discussed. She moved to develop a policy for meetings such as was held by the Planning Commission on April 27th. Reid seconded. Nolte will prepare a draft policy for Council review. Golden said there are times when personal interaction sessions need to be held, and she is convinced there were no deliberations toward decisions, but a discussion on how to create a better atmosphere for the public. The motion carried on voice vote. PUBLIC FORUM: Golden said the smell in her neighborhood from the sewage treatment plant is unbearable. Public Works Dir. Hall told of repairs made recently to the anaerobic digester. It is now functioning as it should and the sludge will be hauled out as quickly as possible, which will lessen the odors. ORDINANCES, RESOLUTIONS & CONTRACTS: Amend Fire Prevention Code. Fire Chief Woodley said the ordinance was amended to allow additions to structures in areas of marginal or deficient fireflows, however, if the addition constitutes a new dwelling unit or the total square footage is 3600 or greater, water system improvements will be required. An ordinance amending the Fire Prevention Code, Chapter 15.28 of the A.M.C. was read by title only. Acklin moved to second reading, Laws seconded, all YES on roll call vote. Amend Municipal Code Relating to Building and Other Specialty Codes. First reading by title only of an ordinance amending the following Sections of the AMC: 15.04.010, 15.04.090, 15.04.100, 15.04.192, 15.16.200, 15.16.360, 15.16.370, and 15.36.010 and repealing Sections 15.04.040 and 15.04.080. An amendment to SECTION 2 of the ordinance was distributed and read. Laws moved to second reading, Hauck seconded, all YES on roll call vote. OTHER BUSINESS FROM COUNCILMEMBERS: Laws requested that Council members allow people giving testimony to speak without Council rebuke or debate until the public hearing is over, except to clarify questions. Arnold suggested adopting a procedural rule to be codified. Laws and Nolte agreed to prepare a draft for Council consideration. Arnold noted that the newly revamped recycling center has no bike parking facilities. He suggested assessing all City buildings for compliance with bike parking standards. Golden told of an impressive package in the Legislature which will help to fund transportation alternatives. Almquist said he will write to the legislators at the appropriate time concerning the possibility of state shared revenues being retained in the general fund. ADJOURNMENT: The meeting adjourned at 10:40 P.M. Nan ~./Frankl in City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - May 4, 1993 - P. 4