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HomeMy WebLinkAbout1986-0902 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL September 2, 1986 ROLL CALL E~ERGY EXCELLENCE AWARD APPROVAL OF MINUTES PROPOSED ANNEXATION (Claude Benson, Applicant) NONCONFORMING USE AMENDMENTS TO LAND-USE ORDINANCE KRAHEL LAWSUIT Mayor Medaris led the Pledge of Allegiance and called the meet- ing to order at 7:30 P.M. on the above date in the Council Chambers. Reid, Bennett, Acklin, Laws and Arnold were present. Elerath was absent° Conservation Coordinator Wanderscheid presented the Mayor and Council with an Energy Excellence Award received from the Ore- gon Dept of Energy for Super Good Cents program, Solar Access Prohibition and attaining 80% of the housing/buildings on MCS. It was noted that Larry Medinger and Don Greene also received awards for implementing MCS consistently with excellence in their construction° Arnold moved to approve minutes of the regular meeting and executive session of August 19, 1986; Bennett seconded the motion which passed unanimously on roll call vote. Richard Stevens, Consultant for applicant requested postponement of public hearing until September 16, 1986. Director of Planning Fregonese reviewed the memo from the Plan- ning Commission relative to proposed amendment to Chapter 18o68o090 on Non-conforming uses saying the original request was made by Leonard Friedman for operation of a business in a single family residence area. Fregonese said that when the impact of a nonconforming uses is no more than a single family Kayor o e ac A a hood./ hn aske~ ~ t~e nB~g~ors ~n ~ ~ area of the non- conforming uses were notified of the public hearing and Fregones said they were not° Acklin said it would be appropriate to involve the neighborhoods, Gregg Williams who was present at the meeting noted his Ashland Greenhouses on Nevada were on the list and said a lot of greenhouses do not stay open all year and may not qualify for the criteria which calls for expiration of nonconforming after six months closure. Williams said that it would be proper to notify property owners of the neighborhoods where use exists. The Fmyor closed the public hearing and turned the matter over to Council for discussion. On question of Laws as to whether the alternative to nonconform- ing use would be to rezone, Fregonese said that this permits commercial use to operate inoccuously in a residential area for a blend as opposed to homogenous zoning which is boring. Acklin expressed the need to keep the performance standards strict. Reid moved to continue public hearing until 10/7/86 after neighbors are duly notified; Bennett seconded the motion which passed with Reid, Bennett, Acklin and Laws voting YES on voice vote° Arnold opposed the measure. A letter from Edward Krahel concerning award to the City of $145,00 for court fees was read and Laws moved to place letter on file; Acklin seconded and motion passed unanimously on voice vote. 9/2/86 Po] HOOKUP REQUIREMENTS MCS A.G. OPINION WASTEWATER TREATMENT PLANT CONSERVATION STUDY LIQUOR LICENSE - BARD'S INN SIDEWALK SALES The City Administrator reviewed his memo and that of Representa- tive Peterson relative to seeking an Attorney General's Opinion regarding criteria for hook-up requirement calling for newly constructed homes to meet the MCS adopted by BPA and suggesting that in the absence of such opinion, that the City Attorney be authorized to research the subject° Salter agreed.and said he would report back. Bennett moved to approve recomendation; Reid seconded the motion. Laws said we shouldn't spend a lot of time and money on research and Salter said there is no cost to researching subject~ On voice vote passed unanimously. Director of Public Works Alsing reviewed his memo regarding the three phases in determining the conservation needs of the WTP, implementation and funding which has not been budgeted. Alsing noted that the Treatment Plant pays for energy like any other consumer and for this reason energy conservation is import. ant to establish. Alsing said that at this point there is apparently no plan for any type of modification or upgrading of the plant so that there would be no cause to delay conservation implementation. Council discussed the operation of the plant and Reid expressed interest in eventually modifying it to the three phase operation in use in other cities. Alsing said that inspections are scheduled routinely and that he has had no new criteria to comply with. Laws noted that since Councilor Elerath has raised some questions on the subject Laws felt that the matter should be postponed until Elerath~s return to the City,and moved to postpone until his return at which time he could meet with the City Administrator and Alsing; Arnold seconded the motion which passed unanimously on voice vote. Sherry O'Sullivan said she lives on Nevada Street and during the last ten days the odor from the STP has been unbearable and noted that she has had conflicting reports on the causes and finally learned that there was a malfunction at the plant° Alsing said it was believed to be the still hot air originally but later it was discovered that there was a bioligical/chemi- cal imbalance at the plant which had to be adjusted. Alsing said the problem should be just about cleared up at this point. A liquor license request from Bard~s Inn was considered and it was noted that the Police Department recommended approval. Arnold moved to approve request; Bennett seconded the motion which passed unanimously on voice vote. The City Administrator reviewed his memorandum and recommenda- tions regarding downtown sidewalk sales. A letter from Ron Roth 6750 Old Hwy 99 S. was read and made part of the record. A letter from City Attorney Salter dated August 28, 1986 was also read. The Mayor said he had discussed the matter of craftspeopl selling pottery during the Sidewalk Sale with Marian Telerski and Roy Ewing and said their home-occupation permits do not give them permission to sell their wares downtown. ....... continued 9 / 2 / 8 6 P ° 2 SIDEWALK SALES Cont. PUBLIC FORUM ORDINANCES, RESOLUTIONS & CONTRACTS Hotel/Motel Tax Increase Arnold said the letter with recommendations from the City Administrator is a good one and invited input from the crafts- people before the matter comes back to Council for policy. Acklin urged that craftspeople contact Sandra James at the Chamber relative to input. Frank Phillips, 813 Beach Street, reviewed complaints against the City including the feeling of being harrassed by the Police when he was on private property adjacent to the Black Swan Theatre where he had permission to sell. Gary Murrell spoke as a member of the Jackson County Civil Liberties Union questioning the authority of the City Administrator. Laws noted that the end of policy and beginning of administration of that policy cannot always be discerned and that Council had passed on policy and on ordinance to back it up concerning sidewalk sales. Acklin reviewed the history of the sidewalk sale saying that originally the sale was meant for merchants and a few craftspeople sold wares on these days but complaints developed from merchants who asked that the City monitor the event more closely. Acklin said she was sorry for the confusion but felt the problem could be worked out with sufficient input. Marjan Telerski asked what the position of the Chamber is and said she has sold during the sidewalk sale for seven years and was invited to participate. Laws said the Chamber has no official role in the event. Laws reviewed how the original policy was modified after receiving complaints and said he was sorry things were handled the way they were and recommended a committee to study the problem be appointed. Regina Stephahin of the Chamber said that the Chamber has not organized a sidewalk sate since she has been a Boardmember. Gregg Willjams said he was a Chamber and Retail Merchant member and that the merchants were mostly Chamber members and in the past they set the dates for the sale. Laws moved that Chamber do a survey of merchants and that a committee be appointed by the Mayor made up equally of merchants, craftspeople, and Chamber members who will report back to Council with recommen- dations; Bennett seconded the motion which passed unanimously on voice vote. The Mayor displayed a railroad lantern given the City from the Dunsmuir community which is celebrating its 100th year anniv- ersary of the railroad and Medaris noted that on December 17, 1987 a golden spike will be driven here in Ashland to comme- morate the 100th anniversary of the completion of the railroad from the north and south to join here. Medaris said that 12/13/87 to 12/19/87 would be Centennial Week to tie in with the 12 days of Christmas. The Public Forum was closed. The City Administrator gave first reading of an ordinance in- creasing the transient occupancy tax to seven (7) percent. Almquist then read a letter into the record from Gloria Thorpe of Ashland Motel and also included a letter from Jim Beaver for the record. Roy Levy spoke on behalf of the Travelers ... continued 9/2/86 p. 3 ~ular Meeting Ashland City Council 9/2/8~P. 4 ORDINANCES, RESOLUTIONS & CONTRACTS Cont. Hotel/Motel Tax Increase Accommodations Group and as owner and operator of the Royal Carter House and submitted a petition expressing objections to the proposal for raising the Hotel/Motel and B&B tax to fund the land only purchase for addition to the local golf course. Bruce Halvorson said that the City shouldn't spend this kind of money for the small payback it would receive. Jack Nicholson read his letter in opposition to the ordinance increasing the Transient Occupancy Tax to 7 percent saying that any acquisition of property for a golf course should be financed through user fees and that the golf course should be prioritized with other capital projects. Nicholson cited various laws relative to interfund loans and possible costs of buying out the lessee. Nicholson closed by saying that the concept of the golf course proposal is a good one but the financing should be examined before going further. T|~e owner of the Manor Motel argued that the lodging industry should not be expected to pay for the golf course and added that there are several motels on the market now, and this action will drive the room rates up and keep more people from Ashland. The manager of the Flagship Inn stated that he wasn't aware of one convention which didn't come to Ashland because of the lack of an 18-hole golf course. He added that he is not against the golf course but objects to the way it is to be paid for. The Mayor said he couldn't see people not coming to Ashland because of an additional 1% room tax. Sullivan, lessee of the golf course, noted that rounds of golf had increased from 14,000 to 38,000 over the past five years. Jim Beaver, 477 Fairview, recommended that the issue be put to the Voters and asked what percentage of the golfers are tourists compared to residents of Ashland. A1 Willstatter agreed with Beaver that it should go to a vote of the people. Mayor Medaris noted that the financial proposal is legal and relative. He added that the Economic Development Conmission is in favor of the project and that the Hotel/Motel owners will benefit from expansion. On Reid's question as to when borrowed funds would be paid back, Almquist said there are two methods which could be used. One would be to use an intra-fund loan within the Capital Improvement fund and the second would be the inter-fund method, and in the latter instance the loan would have to be paid back in two years. Reid noted she has second thoughts about the golf course since hearing from people in the audience representing owners of motels, etc. Laws noted that at this time we are hearing from one special interest group and at the last meeting there were advocates of the golf course expansion. Laws moved passage of the ordinance to second reading; Arnold seconded the motion which passed with Acklin, Laws and Arnold voting in favor; Reid and Bennett voted in opposition and the motion carried. 9/2/86 P. 4 Bular ~eeting Ashland City Council 9/2/86 P. 5 Policy to fund Health & Social Services LORD PROPERTY DEDICATION I & M SURETY BONDS PERSONNEL POLICY CONSTRUCTION LABORERE UNION The City Administrator read Councilor Arnold's letter proposing that funding for Health & Social Services come out of the Gen- eral Fund and be earmarked so the providing agencies will know it is available. Arnold said the H & SS Comm4ttee had consid- ered seeking an increase in the Hotel/Motel tax to handle the need° Spud Corliss suggested Council go a little slow in changing its policy on funding of Social Services from the General Fund and suggested that the matter be taken to the voters to see how they feel about it. Corliss said a more stable source of funding would be taxing the people and sug- gested a 3 year levy. Corliss added that a resolution of this nature should be presented to a full body and added that Council should let the Budget Committee know where the money is coming from° Carolyn Johnson, 903 Pinecrest, spoke in support of the resolution having Chaired the Health & Social Services Committee and saying that the need from year to year is important to be established with a set amount of money available for the program Johnson said it is important to put it on paper so that a minimum amount of support is given the provider/agency. Reid thanked Johnson for having done a wonderful job in Chair- ing the Committee and moved to adopt the resolution; Laws seconded the motion and said the fact that the Budget Co~ittee funded in the past says that it has been a policy to fund this group and this resolution just reaffirms that° On roll call vote the motion passed unanimously. A resolution dedicating certain property at Gle~wood and Ash- land Street for park purposes pursuant to the City Charter was read and Acklin moved to adopt; Bennett seconded the motion which passed unanimously on roll call vote. A memo from the Director of Finance was reviewed and resolution imdemnifying Aetna Casualty & Surety Company for payment aris- ing from I & M Surety Bond was read and Acklin moved to adopt; Bennett seconded the motion which passed unanimously on roll call vote. A resolution amending personnel policy relating to staffing changes was read and Arnold asked that a third section be added calling for notification of Mayor and Council at the same time as employee is notified. Bennett moved to adopt as amended; Laws seconded the motion which passed unanimously on roll call vote. The City Administrator reviewed his memo relative to negotiation: leading to a new three year agreement to begin July 1, 1987 and terms of settlement over a dispute regarding the wage formula° Almquist read the Memorandum of Understanding and Laws moved recommend ratification and authorize signatures of the Mayor and City Recorder; Acklin seconded the motion which passed unanimously on roll call vote° 9/2/86 P. 5 ~egular Meeting _ Ash[and City Council 9/2/86 P. 6 AMERICAN LEGION BUILDING OTHER BUSINESS ADJOURNMENT A Memorandum of Understanding was reviewed and the City Attor- ney recommended that wording be changed to call for termination of lease to be in twenty years unless written notice one year prior is given to terminate° Acklin moved for approval with 20-year termination clause amended into the agreement; Arnold seconded the motion which passed unanimously on roll call vote. Almquist told Council he needs time to discuss Union contracts in executive session and felt that 7:00 P.M. on September 9th before the Capital Improvements Study Session would be a good time if approved by Council. Council agreed and Almquist said he would notify newspaper. Reid said she has had complaints relative to what amounts to 100% increase in four years for CATV service. Almquist said that Federal law prohibits cities to regulate rates and the only agreement we have is that Ashlandis rate does not exceed that of other cities in the Rogue Valley. Reid also asked that Director of Finance Nelson~s report give more information relative to interdepartmental charges for 87-88. The meeting adjourned to Executive Session prior to Study Session on September 9, 1986 at 7:00 PoMo to discuss labor negotiations per ORS192.660(1)(d)o Nan E. Franklin City Recorder L. Gordon Medaris Mayor 9/2/86 P. 6