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HomeMy WebLinkAbout1975-1119 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 19, 1975 ROLL CALL APPROVAL OF MINUTES STREET CLOSURE REQUEST BCATS REPRESENTATIVE LUNA VISTA IMPROV~rENT PL~LIC FORUM The Pledge of Allegiance was led by Mayor Prickerr who called the meeting to order at 7:30 p.m., on the above date in the Council Chambers. Hoffartb McDowell, Ragland, Laws and Allen were present. McCannon was absent. Laws moved that minutes of the regular meeting Qf Novembe. r.4, 1975 be approved and placed on file; McDowell seconded and on voice vote, all YES. A letter from Ashland Public School and R~gue Valley Old Timers' Car Club was read by City Administrator Almquist requesting closure of Winburn Way for'exhibit of old cars ~n June-5, 1976 in connection with Bicentennial events. Hoffarth moved request be approved with stipulation that details Be worked out with Chief Hays; McDowell seconded and motion passed unani- mously on roll call vote. City Administrator Almquist read a letter from Rogue Valley Council of Gcv- ernments requesting appointment of delegate to Bear Creek Area Transporta- tion Study Policy Committee. Mayor Prickett reappointed Councilwoman Marie McDowell to be Ashland's representative with Councilman Laws as alternate. Agreement by property owners on Luna Vista Street between Chestnut & Walnut Streets was presented. City Administrator Almquist suggested that agrea~e: be deferred until such time as the Resolution appears later in the agenda. Councilman Ragland read a letter from Coordinator Gibbs of the 208 Water Quality Task Force and asked direction of Council to present at meeting to be held on November 24th relative to Ashland's position with the Forest Service in coordination of separate studies by attempting to withhold rec- v,m,,ended implementation resultant from the City's study until such ti~e as the Forest Service finishes it's stud~ (to take from 4 to 8 years) so that efforts are not negated by Forest S~'ices findings at a later date. On question from Hoffarth as to how Asti~nd could complete study before havin~ results of Forest Service study, Gibbs said that some assumptions would h~ to be used. Ragland said that DEQ will not wait beyond the two year time limit for our report and that they suggested we go on assumptions whenever necessary. Mayor Prickett said he couldn't see how we could base a plan with so many variables and wondered if the time has come to implement the "Home Rule" factor where we find ourselves with a unique problem in our City. On Prickett's question, City Attorney explained that usually the Cour~ decides when "Home Rule" is applicable but that it is his opinion th~ anything affecting only local conditions could be handled in that way and other things with a broader, perhaps statewide, aspect could not. Council agreed that cities and counties being expected to complete studies in }~alf the time was unfair. Laws said he feels ready for a confrontation with DEQ and EPA and that we should ask for the same time frame given the F.S. Mayor Prickerr reiterated by stating tha~ the assumptions made during the study become questions in the report and recommended that DEQ be asked to consider culmination of studies simultaneously. Director of Public Works Alsing felt that the ForeSt Service study should be given adequate time fez their study to be able to come up with a cure for the watershed problem. Gibbs said that he didn't think the City should be locked into alcapital- ~tlay situation but that implementation could be done on an interim basis. Allen pointed out the original problem of siltation when it became necessa~ 11/19/75 Page 1 R__~.u__l~t. Meeting Ashland City Council 11/19/75 ~e 2 "208" Study Watershed Logging Financial Commentary Wade House/Greenway Liquor License App. Vintage Inn Transfer Chamber of Commerce Hotel/Motel Tax Study Transient Occupancy Tab Ordinance to dredge the reservoir at the wrong time of year after the flood and that we should continue to take care of siltation as we have in the past on s yearly permit basis to delay implementation. Director of Public Works Alsing agreed and stated that he thought we had a good chance for approval of permit. ,McDowell moved to place above item on the agenda; second by Alien and passed unanimously on voice vote.. Allen then moved that City indicate to Task Force that we take the position to go ahead on study in our watershed based on the premise that we do not have to implement the results of our study until the Forest Service study is in and the two can be worked together for the best results. Ragland asked that the motion be amended to include whole project to which Allen agreed. Laws seconded. Allen asked that a letter be sent requesting extension of permit until Forest Service study is complete. On roll call, all YES. City Attorney galter read draft of letter to be sent Forest Service relativ to logging in the Watershed. Allen moved to send letter; second by Ragland and on roll call, p~ssed unanimously. , On question from Hoffa~th, Finance Director Nelson said the liability insur- ance for the City is spread over three or four funds and that he would include details in next commentary. No other action necessary. Mayor Prickerr stated that the City now has the Wade house which is vacant and unprotected and asked if tkere would be any objection by Council for offering the home to our new Parks Director Graef at-no cost for rent but with the provision that the home is maintained and to be occupied on a temporary basis. Since there was no objection, Prickett directed City Administrator Almquist to contact Graef. A liquor license application for transfer on Vintage Inn was presented %y Recorder Butler who gave background of transfer application. McDow~;ll m~e for approval; seconded by Hoffarth. Allen asked permission to abstain and on roll call, Hoffarth, McDowell, Ragland and Laws voted YES, Moti~ passed Results of Chamber study committee on proposed Transient Occupancy Tax was presented by the City Administrator who explained that all of the revisiems recommended by the committee were incorporated into the draft of the ordin- ance and said that two additional questions could be considered - one would be the possibility of excluding all charges under $4.00 which would elimin- ate the rates charged for students and the other question would be that of budgetary policy and should be taken up by the Budget Committee. Larry Walker (Chamber of Commerce) and Fred Taylor were present in the audience. Fred Taylor asked for clarification on collection of tax and was told by Finance Director Nelson that he anticipated no problem which could not be handled administratively. Hoffarth objected to proposed 5% to be retained by industry. Laws felt as tax administrators they were entitled to some- thing for the time and trouble. Larry Walker thanked Council for giving Chamber opportunity to give input. Fred Taylor said he would still oppose tax but that if it becomes a reality the City can count on the support of the motel industry. The Transient Occupancy Tax Ordinance was read by title only by Almquist who said copies of the ordinance had'been supplded to Council members in advance, and notice' of consideration of the ordinance had been published, Allen o,bJected to the tax being imposed, saying that it affects one par- ticular segment of the c~tizens and that he is opposed to little taxes being implemented here and there, and moved not to adopt the ordinance, Regul~° eting Ashland City Council ll/19/7~oa_~e 3 Transient Occupancy contSnued Business License Ord. :o~nunity Health Clinic Smoking Ban ~rdinance - Special onefit Assessments mployee Attorney Fee ssolution but n~tion died for lack of a second. Walker said their committee agrees with Allen, and their recommendation is not an endorsement of the tax. Laws questioned procedures outlined in collecting tax, but Nelson felt the provisions were workable. Hoffarth moved to pass the ordinance to a second reading with change from $3.00 to.,~,OO.; Laws seconded. Allen moved to amend to include a section providing for 20% allocation to a tourist information bureau, but n~tion died for lack of second. Walker said the funds could promote tourism and conventions. Hoffarth felt such allocation should not be made until there was an organization to handle the promotion. ~Dowell felt the budgetlco~mittee should have the flexibility in the use of the t'unds. Mayor Prickett pointed out that our parks and other amenities are used by tourists, and they could h~lp ~n funding. Allen said once the ~oney goes into the general ~hnd, there is never a change. On roll call vote on motion to pass to ~ second reading, Hoffartb, Ragland, Laws and McDowell voted in favor~ Allen opposed and the motion carried. Hoffarth said the recorder had previously sent a memo to council in which he suggested revising the business license ordinance. Butler said there have been some complaints about our present ordinance, and he was also concerned that there are still ordinances on the books (theater seat tax, bowling alley taxes, pool table taxes, etc.) that were probably meant to be repealed by the business license ordinance, but were not, and suggested that a rough draft of a new ordinance be prepared for study by'council. Council agreed'to suggestion. Councilwoman McDowelt asked for agenda item on the formation of an Ashland Con~nunity Health Clinic saying she just received request for support of Council. Oh'question 6f Finance Director Nelson as to vulnerability of City on lawsuits, City Attorney Salter felt there was no responsibility. McDowell moved to place item on agenda; second by Laws. Allen objected saying that matter could not be considered in short time and that Co ~nc~l had agreed not to introduce new i~ams without majority vote to whic2 the Mayor disagreed as to Council ruling and said it was permissible. 1 .l)owell moved that Council endorse concept of clinic; Laws seconded. On roll call, Hoffarth and Allen voted NO. Ragland, Laws and McDowell voted YES to pass the motion. Allen moved for item to be placed on agenda relative to "no smoking" ban in Council Chambers; Hoffarth seconded. On voice vote, all YES. Allen moved that "no smoking" provision be readopted and strictly enforced; McDowell seconded and on roll call, all YES. City Administrator Almquist gave first reading by title only of an Ordin- ance levying special benefit assessments in the amount of $2,671.32 in the matter of construction of paving in street improvement district No. 42. Copies of the ordinance had been previously- supplied in accord with Act. X, Sec. 2(c) of the Charter. Laws moved to second reading; Hoffarth seconded and on roll call, all YES. Resolution relative to policy concerning payment of attorney's fees incurred by employees of the City of Ashland~ was read by City Administrator. After some discussion Council agreed that wording of ordinance be given further consideration so Hoffarth moved to table to next meeting; Laws seconded and on roll call, motion passed unanimously, pg. 3 _.R~gal~ "~eting Ashland City Council 11/19/75 P"~.4 Luna Vista Improvement Resolution Idaho & HOlly Sts. Dedication for street right-of-way Airport Master Plan Adjournmen' Resolution declaring intent to improve Luna Vista Street between Chestnut and Walnut Streets and setting a public hearing for the regular meeting of December 2, 1975 at 7:30 p.m., was read by City Administrator AlmquisU. On Allen's question as to who is initiating the project, City Adminisuratc Almquist said the City is with the approval of Nell Mann. Allen moved to adopt; Hoffarth seconded and on roll call, passed unanimously. A Resolution dedicating land to street right-of-way purposes on W side of Idaho Street and S side of Holly Street was read by City Administrator Alm- quist. Allen moved to adopt; second by Hoffarth and on roll call, motion unanimously carried. Allen moved that Mayor and City Recorder be authorized to sign contract withWadell Engineering Corporation for preparation of Airport Master Plan. McDowell seconded and on roll call, passed unanimously. Mayor Prickett requested that annual audit of Tischhauser & Bubb be placed on next agenda, and adjourned the meeting at 10:25. 11/19/75 Page 4