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HomeMy WebLinkAbout1991-0521 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL MAY 21, 1991 CALL TO ORDER - Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 7:35 PM on the above date in the Council chambers. Laws, Willlares, Acklin, Winthrop and Arnold were present. Reid was absent. APPROVAL OF MINUTES - The Minutes of the regular meeting of May 7, 1991 were approved with one correction: page 3, 2nd paragraph, strike 8th sentence, "Acklin said the City already gives... ". SPECIAL PRESENTATIONS - Golden read a proclamation for "Crosswalk Awareness Week". CONSENT AGENDA - Winthrop moved to remove item 6 for discussion and approve 1 through 5, Acklin seconded, all ayes on voice vote. Winthrop felt the Beck Report should not be approved before the scheduled public hearings on June 4th and 18th. Hall said the public hearings would cover a lot more and Council was merely accepting Phase II of the Beck Report to use as guidelines for those hearings. Council felt the issues had already been discussed. Arnold explained the term "guiding document" was misleading. Winthrop said it would be useful if some issues could be addressed in a study session and Golden also had some questions. Hall said he would make himself available to them however they wished to discuss it. Acklin moved to accept the document and Willlares seconded. All ayes on voice vote. PUBLIC HEARINGS - Arnold moved to continue the public hearing on a Conditional Use Permit for offices on Hospital grounds until June 18th and Winthrop seconded. All ayes on voice vote. AImquist noted that an item had been inadvertently left off the agenda regarding the continuation of the public hearing on Lori Lane until June 4th. Laws so moved and Arnold seconded. All ayes on voice vote. UNFINISHED BUSINESS Report and proposed resolution regarding future electrical facilities. Golden had secretary poll the EMF Committee members for their comments on the revised resolution (by City Attorney) and was not able to reach all of them. Phil Clark was not happy with the removal of the numbers. He referenced the Valdez Principles and said the environmental issues were not being withheld by the City. He felt the Committee worked hard and said it wasn't easy to come to grips with all the criteria. The changes to the resolution by the City Attorney leaves the City non-accountable for its actions. Quotes like "attempt to mitigate" are not enforceable. He encouraged the Council to continue studying the criteria and not accept the Attorney's revision. Winthrop asked Clark if he knew of any other city in the country that showed evidence of adopting 2.0 or 2.5 mG standards? Clark said he had read some reports that say 2.0 mG is a threshold and a health risk. Golden noted very few changes in the revision. Indications are that we can meet those goals in Section 5 without harm to the City. Cate Hartzell gave some results of other studies that indicate 2.5 mG is dangerous and substations should be located at least 300-400 feet away from residential areas. Eric Wallbank agreed that the distance was a concern and it is not realistic to bring other existing substations into conformance (some have a reading of 12 mG). He felt the changes don't give the Electric Department anything to strive for. Ron Thurner said the intent of the draft was to have "weight of law" but he was concerned the revision made is not enforceable. Minutes - Regular Meeting - Ashland City Council - May 21, 1991 - P. 1 Robert Monroe lives across from the proposed site and was concerned with land values. He said there would be a 20-50% reduction in property value if a substation were located across from his home. This, he felt, was totally unfair, that it would hurt people and take away their land. Nancy hasn't heard enough about the conservation issues and wants to be assured that enough has been done about conservation before considering we absolutely need a new substation. Golden said you can't impose a lifestyle on people but can only encourage them to conserve. She said the City of Ashland is setting the pace in Oregon for Energy Conservation. In the last 10 years, the population has increased 6% but street use has increased 50%. Lifestyles are not easily changed. Nancy said people are not being asked to change and they may be more willing than the city thinks. Golden said in the middle of winter, it would be difficult to believe people would do without heat in order to conserve. She asked the City Attorney to comment on his revisions. Bashaw said he was at a disadvantage because he didn't have any opinions on EMF numbers. If you make a law, you have to discuss the legal consequences. A resolution is usually a political commitment. The City will always be responsible for its actions whether there is an ordinance or not. Enforceability is an issue but he doesn't know what the answer is. Williams felt the City should have a stated goal. Winthrop made the following suggestions: Section 4A, should state that the City "attempts to minimize EMF exposure". In 5A, remove "should be established" and it should say the City "shall systematically seek to reduce public exposure to EMF..." Section 5B, A City goal "shall be to encourage..." Section 6B is redundant and is stated in 4A and 5A. He said this issue has forced Council to pay close attention to EMFs but he is not comfortable with setting a number as a standard. It could be detrimental to set s rigorous standard and not be able to adhere to it. The City would then be in violation of its own resolution. Winthrop moved to adopt the resolution with suggested changes and Williams seconded. Laws suggested in Section 5 using 2.5 mG as a goal until more definitive numbers available. Changes can be made on an on-going basis. Acklin noted that the committee did feel comfortable with 2.5 mG as a goal but the level of concern rose dramatically when it was made a strict standard. Bashaw noted Laws' suggestion posed no legal problem. Arnold said all the data that was available did not reflect that we should choose a number. Laws' statement does not satisfy anything except for people in the audience. Laws commented that the City cannot make 100% choices in favor of health but shall always try to improve. The original motion carried unanimously on roll call vote. (Reso. 91-15) Confirmation of appointments to Audit Committee and Mayor's appointment of Janice Reardon to Hospital Board, postponed for two weeks. NEW AND MISCELLANEOUS BUSINESS Appeal from a determination by the Finance Director concerning Hotel/Motel taxes clue. Jill Turner, Finance Director, gave a brief history of her findings on the audit done on transient room tax payers. She estimated a loss to the city of about $5,000 total, the difference being the tax paid on the net amount as opposed to the gross amount. SORC is an agency that buys hotel rooms in bulk and then sells them as a package with other activities, i.e. theatre tickets, dinners. Teri Koerner, SORC, has been in business for 10 years and represents 25 different properties. They book rooms for groups as well as individuals. They ask their clients to list a rack rate and to give it to them for at least 15% less. They then promote their clients in package deals. Using Turner's formula, Koerner came up with less than $3,000. On the net rate for rooms that they book, they have paid almost $17,000 into the hotel/motel tax and have been trying to build a base for a stable economy in this town; she was disheartened to listen to the negative as opposed to the positive SORC tries to do to build a new and broader audience for the City of Ashland. Arnold asked to see SORC's contract with Ashland Hills Inn. Lori Hernando, Ashland Hills Inn Controller, said agreement with SORC is 15% of their published rack rate at the time of purchase. John Cauvin, President and CEO of Ashland Hills Inn, said all this Minutes - Regular Meeting - Ashland City Council - May 21, 1991 - P. 2 nonsense for $1,052.84. He said he is for audits but thought this was harassment. He disagrees with the City Finance Director's interpretation of the ordinance. He said she doesn't have hotel experience and if the City insists they pay this, Ashland Hills Inn will go to court. Turner pointed out that Section 4.24.040, second sentence, separates the amount of tax from the amount of rent charged and that's what the ordinance requires. Laws felt everybody had done their jobs and the Finance Director's job is to interpret the ordinance in the manner that benefits the City to the greatest degree. However, he was persuaded by the attorney's briefs and moved to grant the appeal. Winthrop seconded. The appeal was upheld with Acklin and Arnold dissenting. Memo from Planning Commission requesting scheduling of hearing before the Council on Comprehensive Plan Elements. All agreed to schedule the following hearings: Environmental Resources, June 18th; Open Spaces, July 2nd; Economic Element, July 16th. Request to cut new pavement at 450 Willow Street. Williams moved to deny the request, Winthrop seconded, the motion carried with Laws and Arnold dissenting. Set date for public hearing on proposed methodology and fees for systems development charges for June 4, 1991. Almquist said on that same day, we have the Lori Lane public hearing and the Mahar project on Hersey. Acklin moved to approve the date and Arnold seconded. All ayes on voice vote. Set date for public hearing to review NW Water Moratorium for June 18, 1991. Almquist said on that evening, we have the Environmental Resources Element of the Comp Plan and the Hospital appeal. Acklin moved to approve the date and Arnold seconded, all ayes on voice vote. Report from TCI Cablevision on channel realignments and program changes effective June 3, 1991. For information only, no action necessary. PUBLIC FORUM - Opened and closed without comment. ORDINANCES, RESOLUTIONS & CONTRACTS: Second reading by title only of ordinance vacating a portion of Spring Creek Drive. Arnold moved adoption and Acklin seconded. The motion carried unanimously on roll call vote. (Ord. 2626) Second reading by title only of ordinance pertaining to vehicular access to Calle Guanajuato. Arnold moved adoption and Winthrop seconded. The motion carried unanimously on roll call vote. (Ord. 2627) Second reading by title only of ordinance amending Chapter V, Population Projections and Growth. Arnold moved adoption and Acklin seconded. The motion carried unanimously on roll call vote. (Ord. 2628) Second reading by title only of ordinance amending Chapter XI, Energy. Arnold moved adoption and Acklin seconded. The motion carried unanimously on roll call vote. (Ord 2629) Second reading by title only of ordinance amending Affordable Housing Plan. Winthrop moved adoption and Arnold seconded. The motion carried unanimously on roll call vote. (Ord. 2630) Second reading by title only of ordinance relative to Business Licenses. Arnold moved adoption and Laws seconded. The motion carried unanimously on roll call vote. (Ord 2631) First reading by title only of ordinance relative to transient occupancy tax. Willjams questioned the exemptions in 4.24.030(D), "shall not exceed the greater of 10% or $10 per day." Turner explained per transient meant per person, not per room. Williams moved to second reading and Winthrop seconded. The motion carried unanimously on roll call vote. First reading of ordinance amending Ordinance 2052. Almquist read the ordinance and Laws moved to second reading, Arnold seconded. The motion carried unanimously on roll call vote. Minutes - Regular Meeting - Ashland City Council - May 21, 1991 - P. 3 First reading by title only of ordinance relative to systems development charges. Almquist reviewed the changes noting on page 2, under B. Development, the last sentence should read, "need for additional or enlarged capital improvements." Re: page 6, Section 4.20.080A, Almquist noted that several developers came in the day after the ordinance was first read and paid a substantial number of systems development charges with no evidence of valid building permits. The attempt was to create a level playing field for everyone. Laws noted on page 9, Section 3, "repealed as of June 30" would leave a whole day without an ordinance so it should read July I st. Laws noted it would be fairer not to charge those who have already paid SDCs as of April 16th regardless of when they build. Williams moved passage to second reading with the above changes and Laws seconded. Steve Morjig, said the City made a deal and he didn't feel it was fair to charge a developer twice. After much discussion, it was agreed that Section 4.20.080A should read: "Any development for which water or sewer systems development charges were paid prior to April 16, 1991, are exempt from all systems development charges, if the development occurs within three (3) years of the effective date of this chapter. If the development occurs after three (3) years from the effective date of this chapter, the transportation, parks and storm drain portions of the systems development charges shall be assessed, and a credit shall be given for the water and sewer system development charges paid prior to April 16, 1991. For systems development charges paid between April 16, 1991 and the effective date of this chapter, a credit shall be given for the amount paid and shall be applied to the systems development charges owed hereunder." The first motion and second was withdrawn and Williams moved passage to second reading with all changes and Laws seconded. The motion carried unanimously on roll call vote. Resolution transferring and increasing appropriations within 1990-91 Budget. Almquist read the resolution. Acklin moved to approve and Winthrop seconded. The motion carried unanimously on roll call vote. (Reso. 91-12) Resolution setting cemetery fees. Almquist read the resolution. Acklin moved to adopt the resolution and Williams seconded. The motion carried unanimously on roll call vote. (Reso. 91-13) Resolution reorganizing the Audit Committee. Postponed for 2 weeks. Resolution adopting revised electric rate schedules. Laws moved to adopt and Winthrop seconded. The motion carried unanimously on roll call vote. (Reso. 91-14) Lease with FAA for runway end identification lights. Arnold moved to authorize Mayor and Recorder to execute lease and Acklin seconded. The motion carried unanimously on roll call vote. OTHER BUSINESS Almquist noted the meeting to review City Attorney selection was rescheduled to Tuesday night. Golden felt there should be a selection committee outside of Council, but that Council should sit in and comment. Acklin noted proposal was originally made that Council would interview. Laws felt it was the Mayor's prerogative to decide on the process. Winthrop and Williams felt other department heads should be included. Golden agreed to meet with Almquist to discuss further. ADJOURNMENT - The meeting adjourned at 10:55 PM. Na~n~E:uF~n~kl Recorder Catherine M. Golden, Mayor Minutes - Regular Meeting - Ashland City Council - May 21, 1991 - P. 4