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Home My WebLink About1993-0601 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JUNE 1, 1993 CALL TO ORDER: Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 7:30 P.M. on the above date in the Council Chambers. Laws, Reid, Hauck, Acklin, Winthrop, and Arnold were present. APPROVAL OF MINUTES: The minutes of the Regular Meeting of May 18, 1993 and Adjourned Meeting of May 24, 1993 were approved as presented. SPECIAL PRESENTATIONS: A proclamation was read declaring June 6-12, 1993 as "Crosswalk Awareness Week". CONSENT AGENDA: City Administrator Almquist asked that item 4) Memo from Fire Chief regarding fire protection services in unprotected areas be postponed until Fire Chief Woodley's arrival. Winthrop moved to approve the remainder of the agenda as follows: 1) Minutes of Boards, Commissions & Committees; 2) Monthly Departmental Reports; 3) Approval of Mayor's appointments of Lindsay Heard to the Traffic Safety Commission for a term expiring April 30, 1994; and Mark McInteer to the Bicycle Commission for a term expiring April 30, 1994; 5) Memo from Public Works Dir. requesting a public hearing on July 20, 1993 for adoption of the Water Filter Plan Facilities Plan; 6) Memo from Public Works Dir. concerning continuation of the Wastewater Treatment Plant Facilities Plan hearing to July 6, 1993; 7) Finance Director's Financial Report for April 1993; S) Response from Senator Packwood regarding funds for Ashland sewage treatment plant under Economic Recovery program; 9) RVCOG Director's Monthly Briefing Report. Laws seconded, all AYES on voice vote. NEW & MISCELLANEOUS BUSINESS: Clay St. Residents Request. Reid said the residents would like to postpone this item until June 15th. Planning Commission Request. A study session with the City Council was set for June 29, 1993 at 7:30 P.M. Bureau of Labor & Industries Letter. A letter was received offering to contract with the City to enforce an ordinance prohibiting discrimination in housing and employment based on sexual orientation or handicap. Arnold said our ordinance is set up differently than other municipalities who do contract with this agency, and Ashland is not in need of these services. All agreed to send a letter thanking the Bureau for the offer, and notifying them of Council's decision. PUBLIC FORUM: Don Salls, owner of Puck's Donuts, said the Grower's Market is not complying with the conditions of their Conditional Use Permit. Staff was directed to examine the operations of the Grower's Market and Saturday Market and report back at the next meeting. Regular Meeting - Ashland City Council - June 1, 1993 - P. 1 ORDINANCES, RESOLUTIONS & CONTRACTS: Discrimination in Housing. Second reading by title only of an ordinance amending Section 10.110 of the A.M.C. to prohibit discrimination in housing based on sexual orientation and disability. Sherman Gardner, an Ashland landlord, said he feels this is against the law and violates Article 1 Section 10 of the Constitution and Section 207 of the Universal Commercial Code. Arnold moved adoption of the ordinance, Hauck seconded, all YES on roll call vote. (Ord. 2713) Open Space Designation. Second reading by title only of an ordinance amending the Comprehensive Plan Map modifying the designation of property at 675 Carol St. from Single Family Residential to Open Space. On a question from Winthrop, Planning Dir. McLaughlin said applicants will be required to address criteria in the Comp. Plan in their initial application. Hauck moved adoption, Arnold seconded, all YES on roll call vote. (Ord. 2714) Food & Beverage Tax Modifications. Finance Dir. Turner met with restaurant owners, which resulted in the proposed amendments. She urged passage of the amending ordinance. Michael Gibbs, owner of Winchester Inn, does not feel room rental rates should be included in taxable items. Don Salls, Puck's Donuts, said gas stations which sell espresso should also be taxed. City Attorney Nolte noted that establishments with restaurant or combination facility licenses are subject to the tax. Russ Silbiger, Cafe 24, agrees with most of the amendments but does not feel gratuities should be taxed. Winthrop said he does not feel the voters' intent was to charge the tax on gratuity or room rental fees. Reid agreed. The manager of Cook's Tavern said that in addition to alcohol they sell chips and nuts, coffee and soda, and asked to be exempted from the tax. Arnold recommended an exemption for establishments which do not exceed a certain amount in sales of taxable items. Nolte said this will be presented at second reading of the ordinance. Acklin moved to amend Subsection 4.34.030.J. to include "chips" and delete the word "pea" in peanuts. Reid seconded, all AYES on voice vote. Winthrop moved to amend the proposed language in Subsection 4.34.020.B to end the first sentence with "... for the meal."; and retain the second sentence. Arnold seconded and the motion passed with Laws dissenting. Winthrop moved the ordinance to second reading, Laws seconded, and the motion passed on roll call vote with Acklin dissenting. Water/Sewer Rates. A resolution was read by title only amending Resolution Nos. 92-55 and 92-58 setting water and sewer rates pursuant to Sections 14.04.030 and 14.08.035 of the A.M.C. Winthrop noted that this cancels an increase in fees. Acklin moved adoption, Laws seconded, all YES on roll call vote. (Reso. 93-20) Canvass of Vote. A resolution was read by title only declaring the canvass of the vote at the election held in the City of Ashland on May 18, 1993. Hauck moved adoption, Arnold seconded, all YES on roll call vote. (Reso. 93-21) Regular Meeting - Ashland City Council - June 1, 1993 - P. 2 Transfer of Appropriations. A resolution was read by title only transferring appropriations within funds. Acklin moved adoption, Winthrop seconded, all YES on roll call vote. (Reso. 93-22) Electric Rate Revision. City Admin. Almquist said this increase is recommended in the 1993-94 budget and is partially due to an increase in BPA's rates, partially to inflationary costs in the Electric Department, and includes Ashland's share of the substation. Dr. Joe Eckhardt, 108 Bush St., expressed concern about an increase in the utility tax and obtaining more input from citizens. Reid explained that the increase is on the base electric rate, not the utility tax; and Golden said this issue was discussed in Budget Committee meetings which are open to the public. A resolution was read by title only revising rates for electric service pursuant to Section 14.16.030 of the A.M.C. Acklin moved adoption, Hauck seconded, all YES on roll call vote. (Reso. 93-23) CONSENT AGENDA: (Continued). Item 4) Memo re: fire protection services in unprotected areas. Dr. John Maurer, 1085 Elkader, asked for a retraction from Fire Chief Woodley, concerning Woodley's statement that Maurer said he wants the City to provide him service at no charge. He said he has removed slash and fire fuels from around his property and asked that the Council consider the City's responsibility for fire protection in that area. On a question from Winthrop, Maurer said he would rather spend money on fire prevention than protection from Jackson Co. Fire Dist. 5. Woodley said his conversation with Maurer is accurately reflected in his memo to Council, his department acted in good faith in responding to the fire on Maurer's property on May 10th and they had a legal right to be there. The 40 acres owned by SOSC was mentioned and Law said a strong message should be sent to the College concerning fire prevention maintenance of that area. Claude Curran, a member of the Forest Lands Commission, said there are programs and agencies which will work with property owners in fuel reduction in the interface areas; and which might provide assistance to them during slash burning, e.g. pumpers available. Acklin said the Forest Lands Commission might make a policy recommendation to the Council on the liability of property owner's and the City's involvement in this issue. OTHER BUSINESS FROM COUNCIL MEMBERS: Arnold said a Community Service Volunteer is working on the Comprehensive Housing Affordability Strategy, and October 1 is the target date for completion. Winthrop noted a meeting set for 8:00 A.M. on June 2nd regarding the WWTP Facilities Plan. ADJOURNMENT: A.M. x /- Nan E. Pranklin City Recorder (d ~ \ram\6- ] -93) The meeting adjourned at 9:55 P.M. to June 2nd at 8:00 l<" /"' Mayor Regular Meeting - Ashland City Council - June 1, 1993 - P. 3