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HomeMy WebLinkAbout1991-0618 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JUNE 18, 1991 CALL TO ORDER - Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 7:32 PM on the above date in the Council Chambers. Laws, williams, Acklin and Arnold were present. Reid and Winthrop were absent. APPROVAL OF MINUTES - The Minutes of the continued regular meeting of June 5th, 1991 were approved as presented. SPECIAL PRESENTATIONS - Jim Olson, Asst. City Engineer and City Surveyor, was presented with a certificate of appreciation for 20 years of dedicated service. Steve Hall thanked Olson for the few year he's had the opportunity to work with OIson and thanked him for AI Alsing too' who could not be present tonight. Olson just completed testing for certified water rights examiner. SPECIAL AGENDA ITEM - Confirmation of Mayor's appointment of Richard B. Thierolf as interim City Attorney. Arnold moved approval, Acklin seconded, all ayes on voice vote. CONSENT AGENDA - Williams moved passage of the consent agenda and Arnold seconded, all ayes on voice vote. PUBLIC HEARINGS Mayor asked Council to consIcier looking at item #3 first. seconded, all ayes on voice vote. Laws so moved and Acklin Proposed consideration of a revised building moratorium due to inadequate water pressures in area of Strawberry Lane. Thierolf previously discussed the proposed moratorium with Fregonese, Hall, Bashaw, Almquist and the Mayor and researched the law as well as he could. The decision is very likely to be ruled quasi- judicial if a court of appeals ever considered the question, and in light of that, the best procedure would be to treat the notice requirement as falling within the rules for notice of quasi-judicial matters, i.e., individual notice to all affected property owners. TI-iis is Type 3 procedure, which also requires that each affected property owner should get noticed. He suggested tabling the public hearing and noticing all affected property owners. Golden asked if the City is liable if we notice all property owners but, due to recent sales, the tax lot list is not up to date and everyone does not get notification. Fregonese said the City has to have an affidavit that shows good faith effort to give notice, if they don't receive the notice, it doesn't invalidate the procedure. Almquist said Type 3 requires a 20 day notice and the earliest date we could set the public hearing for would be July 16th. August 6th might be better which already has two public hearings scheduled so far. Acklin asked what they were and AImquist responded another economic element of the comp plan and zone change. Laws suggested postponing the comp plan element of that meeting. Williams said we Minutes - Regular Meeting - Ashland City Council - June 18, 1991 - P. 1 employment uses. Fregonese agreed with Murphy that our current ordinance has served us well. Any future proposal needs to address the balance of commercial and E-1 land. The new plan doesn't change that, the idea is mixed use, not exclusively residential. Murphy said this will drive him and some other people out of the city limits. He said the slides may show vacant land but they don't answer questions as to why that land is not usable. The ad for this public hearing does not let the public know, whars really being done to the comp plan. The public hearing was closed. Acklin said original comp plan did include housing that was a possible use in an E-1 zone, the intent being to allow for mixed uses. Acklin moved to adopt the economic element of the comp plan and Williams seconded. Fregonese reminded Council to leave the record open for a period of 10 days to allow the addition of the Planning Commission minutes. Acklin amended her motion, and Williams seconded, the motion carried unanimously on roll call vote. Continuation of hearing on reconsideration of a CUP and site review on remand from LUBA to allow construction at Hospital. Fregonese said the City's first land use mediation has been successful and both parties have agreed to plan which is contained in Plan B. The mediation agreement is included and David Schieber, mediator, is present for any questions. Fregonese said Council can adopt as a CUP but not as a site review. Council has authority to move buildings and change access after approval of the CUP. Staff will come back with separate site review for this process at a Type 1 level. Fregonese noted Item C, two 2-story medical office buildings will be built with each level comprising 2700 square feet, that's each level of each building, a total of 10,800 square feet, noted for the record. It can be confusing as written. Open public hearing. David Schieber, available for questions, thanked Council for allowing the mediation. This was a 2 year dispute where the parties didn't speak to each other for over ~ year. Golden closed the public hearing. Acklin moved to accept the CUP according to mediation agreement and ask staff to bring back findings supporting the decision, Arnold seconded. The motion carried unanimously on roll call vote. Council thanked Schieber. UNFINISHED BUSINESS - List of Hospital Board members was not included in packet so this item was postponed for two weeks. NEW & MISCELLANEOUS BUSINESS · Letter from Gary Schrodt. Almquist read a memo to Mayor and City Council dated June 13th. Schrodt said he doesn't have any water use that's part of production operation other than rest room facilities. He talked about transferring an existing use. The amount of effluent that would be discharged is insignificant. If denied, he has concerns about installing a septic system. He is willing to sign an agreement to be annexed into the City when the City is ready. This was proposed to the county as a conditional use permit which allows the City a say with any further use. His business would be an asset to the City. It's a cottage industry, environmentally sound. Hall said this is currently being served by a 4" line. Golden asked how many fixture could a f" line accommodate and Hall said he didn't know the exact amount but Council could direct staff to find out. A 4" line should handle both units. Laws noted the response from the City Attorney was missing. Almquist said it is within Council's discretion. Minutes - Regular Meeting - Ashland City Council - June 18, 1991 - P. 3 First reading of an ordinance amending Chapter 10.88 of the AMC relative to tobacco products. Almquist read the ordinance. Willlares asked what the significance of the blind section was. Acklin said the ordinances that this was modeled after did not want to discriminate against news and smoke type of businesses operated by blind people. Arnold thought the blind person couldn't see who was buying the cigarettes so would not prohibit from having a vending machine. Williams moved passage to second reading striking (7) on page I under Section 2 and '(d) and (e) under Section 4 on page 2. Acklin seconded. Laws liked it the way it was. Arnold said the only way to enforce the proposed ordinance is for police to run a sting operation. Arnold doesn't like an ordinance that can only be enforced with this operation. He felt we should prohibit vending machines, except in a few places licensed by OLCC, places only open to employees, and those not accessible to under age 18. Laws partially disagreed with Arnold's philosophy and asked if this ordinance be adapted? Arnold asked Thierolf if we could prohibit vending machines. Thierolf was uncertain but could research and report back. Laws moved to amend motion by striking (b) as well. Williams seconded. All ayes on voice vote. Thierolf said he spoke with Ron Doyle in the audience, who is Sr. Assistant City Attorney for Medford. Doyle said the City has the power to ban vending machines all together. The state legislature may pass this proposed statute, which would render any less restrictive statute moot. The motion to move passage to second reading was passed unanimously on roll call vote. Arnold asked that the ordinance be brought back in amended form for second reading. Resolution authorizing participation in Aetna deferred compensation plan. There has been some dissatisfaction with the existing two compensation plans offered so Finance has sought out proposals and settled on Aetna as a third choice. Almquist read the resolution. Willjams rhoved adoption of resolution and Laws seconded, the motion carried unanimously on roll call vote. Resolution transferring appropriations within funds. Golden said under #5 in the resolution, the $1700 can be removed because no one has put in for overtime. Almquist agreed because there was a miscommunication between Turner and Almquist. Acklin moved to strike #5, continue with the resolution and place this item on the agenda, Williams seconded. The motion carried unanimously on roll call vote. Almquist noted that a memo from Administrator Jim Watson regarding the hospital fund indicated they are asking for an increase in the transfer from $300,000 to $550,000 in order to handle the large additional operational expenses being incurred due to higher utilization of hospital services and in order to be in compliance with state budgetary guidelines. Laws moved to adopt the resolution with the exception of part 5 and allow the amendment to the Hospital fund, Williams seconded. Almquist read the resolution, the motion carried unanimously on roll call vote. (Reso 91-24) Acklin was interested in discussing the police overtime. Almquist noted that the Mayor had called employees of the PD in for interviews and he felt employees should be paid overtime. Golden said the interviews were not mandatory and employees came on their own accord. She understood that overtime was paid for work similar to work Minutes - Regular Meeting - Ashland City Council - June 18, 1991 - P. 5 it's not necessary but this is the intent of this resolution. Arnold moved adoption, Willjams seconded, all ayes on roll call vote. (Reso 91-25) Resolution amending pay plan for management and confidential employees for fiscal Year 1991-92. Almquist said they have reached settlements are with all bargaining units except for police. These agreements call for an adjustment e.qual to the March 90-91 CPI-W effective July 90-91. Recommends increasing management and confidential employees be increased by 4.6% effective July 1, 1991 and attached resolution be adopted. Almquist read resolution. Williams moved adoption of resolution, Arnold seconded. Laws asked if there was an amendment to the schedule. Almquist said yes, the Senior Program Director is included. The motion carried with Laws abstaining. (Reso 91.26) Ratification of new 3-year agreement with the Electrical Worker's Union. Almquist read memo to Mayor and Council dated June 4th, 1991. Laws moved to authorize signature, Arnold seconded. The motion carried unanimously on roll call vote. ADJOURNMENT The meeting was adjourned at 10:18 PM. Kar~ ~ / Catherine M. Golden, Mayor Minutes - Regular Meeting - Ashland City Council - June 18, 1991 - P. 7