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HomeMy WebLinkAbout1981-0602 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL June 2, 1981 ROLL CALL APPROVAL OF MINUTES COMMUNICATIONS, PETITIONS AND REMONSTRANCES Committee Minutes 648 Park St. Water Hook-up Granite Street Paving Ashland Country Grocery Parking Bay Request Due to an overflow crowd in Council Chambers, the meeting was moved to Hillah Temple where the Mayor led the Pledge of Allegi- ance and called the meeting to order at 7:40. Howard, Sims, Dale, Acklin, Laws and Peterson were present. Acklin moved to accept minutes of the regular meeting of May 19, 1981 and Laws seconded the motion which passed unanimously on voice vote. Laws moved to accept minutes of Boards, Commissions and Committees and Acklin seconded the motion which passed on voice vote with all AYES. A letter was read from Marjorie Springs requesting a waiver of moratorium for water hook-up for a minor land partition which had previously been approved and cited health reasons as critical need to build smaller quarters. Howard moved to approve request; Sims seconded and the motion passed unanimously on roll call vote. A memorandum was read and petition submitted for improvement of Granite Street and it was noted a Resolution would appear later on agenda. A request to install a parking bay in front of Ashland Country Grocery at 917 E. Main Street was read along with a report from the Bicycle Committee and Peterson explained that the committee expressed concern for the safety of bicyclists since this would be the only parking on E. Main bikepath. Leslie Carter said there is not a lot of bicycle traffic on the street and mentioned the bikepath markings are obscure. Alsing said the markings would be repainted and that the original markings on the street don't last all that long. Parsons, owner of the grocery store, submitted a petition with 122 signatures and stated the parking bay would not be used for delivery trucks etc. but reserved for his customers whom he said are often reluctant to go around the corner to park. On Howard's question as to what would happen to trees in the pro- posed bay, Parsons said they would be transplanted. Sims said the safety of bicyclists should outweight the convenience view- point of customers. George Beck disagreed saying that it is dangerous to ride a bike downtown too but where parking bay would be marked it should cause no safety problem. Dale moved to approve request with provision trees be transplanted; Howard seconded and on roll call Howard and Dale voted to approve. Sims, Acklin, Laws and Peterson opposed the motion which failed. 6/2/81 P. 1 Regular Meeting Ashland City Council 6/2/81 P. 2 UNFINISHED BUSINESS LUBA Decision Planner Fregonese reported that LUBA had decided against the City in its effort to block sewer installation by BCVSA at North Interchange area and recommended the appeal suggested by 1,000 Friends (legal counsel) be initiated to prevent urban sprawl. Fregonese said the City has enough land in the Urban Growth Boundary to handle needs for the next twenty years and availabilit of sewers in North Interchange area would put pressure on for dev- elopment. Earl Mobley spoke in favor of sewer installa~on saying that the Valley View area is in need of sewers and they can't be made available until they reach the commercial interchange area. Dennis Beatty critizized the City for it's apparent disinterest in the area. Dale expressed concern that the ground work is being laid for development out there not zoned that way. On Howard's question of Fregonese on the availability of water Fregonese said he does not know about water conditions. Howard said such lack, if any, of available water would naturally keep development down. Beatt~ wondered if there is a health hazard in the area and Fregonese report that Bear Creek is over the State limit but that the City has never contended this is the' main problem. Beatty criticized the City for not helping improve the area and said the property owners there should be allowed to do what they see as necessary if they are willing to pay for improvements. Fregonese s~id a system could be designed to take care of only existing area. Howard suggested including area in UBG so we can have control. Council discussed the problem of competing businesses with the core of the City. Bob Lima of Jackson Road said BCVSA did not petition project but they were petitioned by property owners willing to pay for service. Lima said the fight isn't with BCVSA and he resents fighting with his own money. Duane Smith asked that the nineteen businesses out there before the UGB was drawn should be Riven consideration.and John Eads, Attorney spoke in favor of the sewer installation say- ing he is representing Butler Ford & Duane Smith and cited the payroll of $176,000 monthly and the employment of 169 employees (89 of whom reside in Ashland) as being an imDortant economic benefit on the City and recommended Council study findings made by BCVSA relative to health hazards resulting from failing septic systemS. Eads said the Jackson Hot Springs complex was closed to campers and that the health question should be considered as it relates to Bear Creek etc. and then the designation of land- use be dealt with by the City. Eads urged Council to give the people out there the consideration they deserve and cited the economic impact on the City saying that a study by Dr. Ethel Hanser et al has revealed such impact. Eads said it is not a policy matter and urged Council to make an objective decision. Barnes reported he and Hansen's study and invited Council to take a look at the situation out there for themselves. Bill Holmes spoke as a concerned citizen saying he is a Realtor but does not own property in the area and said that the North Interchange area is an eyesore. Holmes cited development in A~hland he is proud of and mentioned Hwy 66 as an example of ........ continued 6/2/81 P. 2 North Interchange cont. Real Property Transfer Tax Of what can be done. Ron Kelso spoke saying he has no property in the area but does have a listing on the McNabb ranch of 22 acres. Kelso said the zoning to 10 Acre parcels by the County has caused a dilema for McNabb because if he gets into the sewer district his assessments would probably force him to develop by request for zone change and he wouldn't be able to maintain the property as a farm with that cost. Conversely he would not be able to tie in with the sewer line at a later date if decision not to be a part of the district is made now. Merle Atkins said he owns a mobile home park and is right on Bear Creek and has been put on notice by the County Health Department that if any part of his septic system fails it will cost a lot of money to take care of it and he fails to see why they can't have the sewer lines if they are the only ones who have to pay for it. Ed Chapman sug- gested that the area be taken into the UBG and criticized the City for wanting no responsibility for the area but still wanting to control it. John Chmelir recommended that the City consider bringing area in question into the UBG or just allowing the County to control it. Leslie Miller agreed with Chmelir. Laws said that Council is concerned about the way the entrance to the City on the North looks and feel that preventive measures must be taken to keep the area from looking worse. Laws said the control by the County has been inadequate. Laws said the second concern is for the businesses established in Ashland and he agrees with 1,000 Friends of Oregon that an appeal should be initiated and whatever necessary to take action and so moved; Peterson seconded the motion. Acklin said the role of the Oregon State Health Department that every site inspection of every lot in hazard area be made and said the BCVSA alleged health hazard is justifiable reason to go ahead with appeal. Sims said the individual people should be responsible for their own sewer pro- blems and should not have to look to State, city or county govern- ments. Peterson said that people buy outside City cheaper because it has no City services and added that she is concerned for the people with septic problems. Peterson supported Laws' comments and City's position in the matter. On roll call vote on motion to appeal Sims, Laws, Peterson, Acklin and Dale voted YES. Howard opposed. City Administrator Almquist reported that the Real Property Trans- fer Tax Ordinance had been deferred for public review and comment and explained that it was one of the measures recommended by the Budget Committee. Almquist noted the tax was set at one-half of one percent rather than one quarter and added that several other modifications were made in the ordinance and reviewed the affected Sections as follows: "4.35.050 Sub-part 7: Transfers of real property affected by a Deed in Lieu of Foreclosure to satisfy a Mortgage, Trust Deeor or Contract of Sale that is in default etc. - copy of City Attorney's memo in filed agenda packet On Howard's question as to why the percentage was increased, Almquist explained it wasto help make up for loss of motor vehicle tax revenue concept which was preempted by State law. .... continued 6/2/81 P. 3 Real Property Transfer Tax continued MOTOR VEHICLE/AIRCRAFT TAX ORDINANCE Almquist said the ordinance was ~atterned from those of Washington and Multnomah Counties. The ordinance was given first reading with changes. Ed Chapman asked if leases would be exempt and was told that the ordinance does not include leases at this time. Ron Kelso asked how values would be determined and Almquist told him the issue is addresses in Rules and Regulations and could be determined by true cash value cited by Assessor. Kelso said the Realtors had accepted the 1/4 of 1% concept but are unhappy with the 1/2 of 1% version. Sims moved to second reading; Acklin seconded the motion. On roll call vote motion passed unanimously. The City Administrator presented the ordinance imposing a business license tax on Motor Vehicle and Aircraft Fuel dealers and said it is similar to the one used in The Dalles, Oregon where there have been no administrative problems in operation of the ordinance. Rex Bounds, 704 Clay Street representing dealers in the City criticized the tax saying that it will fall on the shoulders of a few and that due to decrease in volume of sales in the last two years that it will take money from the dealer although the people will ultimately pay it is feared they will go North to beat the cost of gasoline. Bounds brought up the motel tax and said it didn't hurt Ashland because Medford has the same tax which isn't applicable in this instance. Kelso said the budget committee is trying to come up with a tax which will be paid for partially by the tourist and said he wishes we could come up with another source for revenue. Chamber Director Reinert criticized the City by saying that it seems that one business after another is experiencing some type of tax. Mrs. Charles Levinski called the tax discriminatory and excessive and that it is being levied because it is easy to administer. Leslie Carter said he has four vehicles and unless Medford imposes same tax he will go there. An Exxon dealer said that if the shortage we had a couple of years ago reappears h~ will have lost his allocation based on gallonage. The Base Operator representative at the Airport said the addition- al cost for gasoline will have customers turning to cheaper source and that they are willing to work with City on cost items and try to keep costs down by mowing grass etc. Rod Stevens reviewed benefits resultant from the Airport operation to citizens and businesses in Ashland and noted that most of the improvements there have been funded by other governmental agencies. Stevens .... continued 6/2/81 P. 4 Motor Vehicle/Aircraft fuel tax ordinance TERMINATION OF ELECTRIC SERVICE POLICIES claimed that as much money is being spent on bikepaths as on air- port. Stevens reported on variances in the accounting of fuel sale receipts and generally criticized the City's lack of cooper- ation as it relates to the operation, cost and maintenance of the City-operator based facility. Councilmember Peterson submitted item for public testimony from Carl Eggers supporting the tax and giving a gasoline cost survey of the local stations with cost comparables fromS1.28 to$1.50 for regular; $1.30 to $1.53 for no lead and from $1.36 to $1.57 for super no lead. Eggers supported the earmarking of the vehicle fuel tax to street maintenance and repair and said the citizens of Ashland would enjoy cleaner air and less noise the tax would impact the use of the automobile. Don Phillips, dealer said the tax would be taken out of his already decreased income. Carter suggested the City cut costs by better use of City personnel. Finance Director Nelson said the allegations relative to spending more money for bikepath maintenance than the airport simply is not true. Sims moved to second reading; Laws seconded the motion. Sims moved to amend to designate funds go into General Fund; Dale seconded. On roll call vote on amendment Sims and Dale voted in favor and Howard, Acklin, Laws and Peterson voted NO. The motion failed. Laws said he opposes the amendment because people are more apt to support the tax if it will maintain the streets. Sims said the subject has been previously discussed and the public shouldn't be mislead and it should just be placed in the General Fund. Council discussed the ordinance and Peterson noted she had been checking and was not convinced people would drive out of town to save a few cents but would buy closed to home or work, buy where they could use credit card etc. Laws said if he felt the tax would have to be absorbed by the station owners he would be opposed but there are other factors involved. Peterson agreed and said she supported tax in February because it gets everyone who drives a vehicle and also gets the tourists, and all equally pay. 0n roll call Howard, Dale, Acklin, Laws and Peterson voted in favor; Sims opposed and the motion carried. Almquist read a memo dated May 28, 1981 and quoted a law now being considered which would change requirements under this Federal Act. Laws said this would be good reason to wait until we see what the requirements are so we can draw up the ordinance one time. Laws moved to table question of utility system customer account policy; Sims seconded and on voice vote, motion passed unanimously. 6/2/81 P. 5 Regular Meeting Ashland City Councll UNFINISHED BUSINESS cont, BUSINESS LICENSE - FRAUD ORDINANCE "REGULATED PRACTICES" ORD. GRANITE ST. PAVING RES. TELECOMMUNICATIONS RES. TREE REMOVAL AT SOSC TRANSFER OF FUNDS -HOSPITAL PROPERTY TAX LEVY ORD. NATIONAL REGISTER City Administrator Almquist read an ordinance amending the Business License Ordinance by adding a new section to the Code relative to Fraud. Corliss questioned the 3urisdiction of Municipal Court and City Attorney Salter said that Council can set by ordinance such an action. After some discussion on avail- ability of background of licensee, Sims said that anyone can get information from the Courts but that Police Departments would not reveal. Laws moved that ordinance be amended that it would apply only to revocation of license rather than denial of original license; Sims seconded. On roll call Howard, Sims, Acklin, Laws and Peterson voted YES. Dale opposed and the motion carried. Sims moved to pass to second reading; Acklin seconded the motion which passed unanimously on roll call vote. Council agreed to change the wording on the ordinance to refer to "permit" rather than "license" and Sims moved to second reading; Laws seconded and on roll call Howard, Sims, Dale, Laws and Peter- son voted YES. Acklin opposed and the motion carried. A Resolution setting a public hearing for improvement of Granite Street by paving South from existinR paving was read and Laws moved to table until appeal decision is available. Sims seconded. After some discussion Laws withdrew his motion and Sims withdrew his second. Laws then moved to set public hearing for June 16, 1981 at 7:30 P.M. Howard seconded and the motion passed unanimousl on roll call vote. A Resolution was read transferring appropriations within funds to allow for telecommunications expenses in conversion of system and Virginia Roberrs reported on the modifications saying that there will be direct dialing to departments and that misuse of telephone by long distance calls would save an appreciable amount of money because of the departmental responsibility etc. Laws moved to adopt, Peterson seconded and the motion passed unanimously on roll call vote. Approval for tree removal was given after memo was read and the matter discussed by Council. It was noted that Horticulturist Peter Giffen had reported the trees were diseased and recommended removal of the trees on Siskiyou Boulevard. No action necessary. A Resolution transferring appropriations within funds was read and Laws moved for adoption of resolution; Dale seconded the motion which passed unanimously on roll call vote. Second reading was given an ordinance by title only levying taxem for fiscal year 1981-82 and Laws moved to adopt; Howard seconded the motion which passed unanimously on roll call vote. Acklin moved to approve application for Humboldt House and Carter House; Peterson seconded the motion which passed unanimously on roll call vote. 6/2/81 P, 6 ADJOURNMENT Laws moved to adjourn meeting until Tuesday, June 9, 1981 at 7:30 P.M. Nan E. ~rjnklin City Recorder L. Gordon Medaris Mayor 6/2/81 P. 7 ih