Loading...
HomeMy WebLinkAbout1971-0406 REG MINMINUTES FOR REGULAR MEETING ASHLAND CITY COUNCIL APRIL 6, 1971 The regular meeting of the City Council was held in the City Council Chambers, City Hall, on the above date. The meeting was called to order by Mayor McKeen. All Councilmen were present. APPROVAL OF MINUTES: The minutes of the March 16, 1971, regular meeting were approved as presented. DEPARTMENTAL REPORTS: 1. City Attorney Salter reported that five residences are currently in violation of Ordinance No. 1451, which requires that premises located within 100 feet of sewer trunk lines be connected to said trunk line. Four of the residences, owned by A1 Bounds, are located at 668, 672, 704 and 708 Clay Street. The fifth residence, owned by John Billings, is located at 1035 North Main Street. Both property owners have been contacted by City staff requesting compliance. Mr. Salter pointed out that Mr. Bounds contacted him on April 1 and assured him the homes would be connected as soon as someone was available to do the work. City Attorney Salter recommended that Council authorize 'legal proceedings if steps are not taken to comply within 30 days. In regard to the residence owned by Nr. Billings, City Attorney Satter explained that there is an apparent dispute between Mr. Billings and the State Highway Department. Mr. Billings claimed that some time ago the State Highway Department condemned the subject property; however, it gave verbal agreement at that time that the department would take care of any sewer problems in connection with the condemned land. In a letter dated September, 1969, the State Highway Department denied this claim. City Attorney Salter recommended that Council authorize necessary legal proceedings to obtain compliance to Ordinance No. 1451. It was moved by Conklin, seconded by Willstatter that the City Attorney's recommendations be adopted. On roll call, carried unanimously. 2. City Administrator Almquist, under the terms of Ordinance No. 1399, recommended appointment of Mr. Garth McGuire to the position of Parks & Recreation Director. At this time, Mayor McKeen appointed Mr. HcGuire to the position of Parks & Recreation Director for the City of Ashland. It was moved by Soderberg, seconded by McCannon that the appointment be confirmed. Willstatter asked the City Attorney if, after confirmation of Mr. McGuire to the Parks & Recreation Director position, the City would be legally bound to continue on the same financial arrangement as at present (paying 50 percent of the salary). Following some discussion, City Attorney Salter indicated that the City would not be compelled to continue with this arrangement. On roll call to confirm appointment, carried 4-1, with -2- Roble dissenting. Willstatter abstained from voting. STANDING COF~ITTEE REPORTS: Finance & Property Committee 1. Chairman Robertsindicated that it was the committee's recommendation to authorize the Mayor and Recorder to execute an agreement with PP&L for installation of 12 KV three-phase feeder circuit. It was moved by Willstatter, seconded by Conklin that the committee's recommendation be adopted. On roll call, carried unanimously. 2. Chairman Roberrs indicated tha~ it was the committee's recommendation to instruct the City Attorney to prepare a lease with the Ashland Little League for the Cemetery Trust property at Homes and Normal Avenues, and to authorize the Mayor and Recorder to execute the lease. It was pointed out that the Parks & Recreation Commission has approved the intended use of the property. It was the Council's feeling that the abutting property owners be notified of the proposed use. Roberts pointed out that the committee recommended execution of the lease, with certain conditions and recommendations, which will be presented to the City Attorney to be incorporated into the lease. It was moved by Conklin, seconded by Willstatter that the committee's recommendation be adopted. Motion carried unanimously. 3. Chairman Roberts indicated that it was the committee's recommendation to table the matter of annexation requests from Harry Ellmore, Paul Retter and Van Vleet Real Estate pending further study by the Council of the tax impact of the proposed annexations. It was requested that all members of the Council receive a copy of the City Administrator's report regarding the matter. Mr. Sid Ainsworth, representing one of the property owners involved, requested permission to be present at the study session when the matter is discussed. He also requested that the matter be pursued as quickly as possible. There was some discussion regarding updating the figures on'land use contained in the report. City Administrator Almquist pointed out that he would be unable to provide updated figures within the next two weeks. The figures currently contained in the report were based on a 1966 study. Considerable discussion followed. The matter was referred to the study session on April 13, 1971. Public Service ConmHttee 1. ChaimanR~le reported that on March 29, 1971, the Public Service Committee met with representatives of the League of Women Voters and SOC Faculty Wives, and the TB Association to discuss the proposed burning ban question and air pollution in general. It was pointed out that this was the first in a series of meetings planned to discuss the problem. -3- 2. Chairman Roble reported that Mrs. Fitch of the Jackson County Housing Authority will be present at the April 13, 1971, study session to explain the Authority's program to Council. Streets & Traffic Committee 1. Ch~nan Con~ reported that it was the committee's recommendation to reverse one-way traffic on Beach Avenue to a westerly direction from Gresham to Hargadine. He pointed out that there are two garages on Beach Avenue which cannot be approached from the one-way traffic flow currently being enforced. (Council action taken following discussion of Item 2.) 2. Chairman Conklin reported that it was the committee's recommendation to establish one-hour parking zone on west side of Palm Avenue from Siskiyou northerly, nine car lengths. At this time, City Administrator Almquist read a resolution establishing one-way traffic going westerly on Beach Avenue from Gresham to Hargadine, and establishing one-hour parking on west side of Palm from Siskiyou northerly. City Attorney Salter pointed out that a correction was required in the resolution, changing the direction of one-hcur parking front south to north. It was moved by Conklin, seconded by Roble that the rules be suspended and resolution passed to second reading by title only, as amended. On roll call, carried unanimously. Following second reading by title only, it was moved by Willstatter, seconded by Roble that the resolution, as amended, be adopted. On roll call, carried unanimously. 3. Chairman Conklin reported that to call a public hearing on ~Iay 4, of street name on Peachy Road from Terrace. Following reading of the it was moved by McCannon, seconded suspended and resolution passed to it was the committee's recommendation 1971, at 8 p.m., to consider a change Walker west to Pinecrest, to Pinecrest resolution by the City Administrator, by Willstatter that the rules be second reading by title only. On roll call, carried unanimously. Following second reading by title only, it was moved by Conklin, seconded by Roble that the resolution be adopted. On roll call, carried unanimously. 4. Chairman Conklin reported that the committee received a request from the Ashland Foursquare Church for "church parking only" restrictions in the area of the church. It was the committee's recommendation, as well as that of Police Chief Hays, to deny the request. It was pointed out that enforcement would be almost impossible to accomplish. The Mayor expressed a desire to have the Council or staff find some alternate solution to the church's problem. It was suggested that "Church Parking" courtesy signs be posted in the area. 5. Chairman Conklin reported that it was the committee's recommendation to allow the Methodist ~Ien's Club to paint luminous curb house numbers throughout the city. At this point, a member of the Kiwanis Club indicated that the Kiwanis had already made preparation for work. Following some discussion, the matter was deferred pending investigation. -4- 6. Chairman Conklin reported that it was the committee's recommendation that Council approve the TOPICS Project for access control on Siskiyou Boulevard, from Wightman to Walker Avenue. ~r. Conklin explained that this project would involved an expenditure by the City of $7,500, and $30,000 by the State. It was moved by Conklan, seconded by ~cCannon that the committee's recommendation be adopted. Following brief discussion, on roll call, carried unanimously. SPECIAL COMMITTEE REPORTS: None COMMUNICATIONS: 1. It was moved by ~cCannon, seconded by Willstatter that the minutes of the Economic Development Commission meeting of March 10, 1971, be accepted and placed on file. Motion carried unanimously. 2. It was moved by McCannon, seconded by Conklin that the minutes of the Ashland Development Commission meeting of February 26, 1971, be accepted and placed on file. Hotion carried unanimously. SPECIAL AGENDA ITEFIS: Unfinished Business: None New & Miscellaneous Business: 1. City Administrator Alm~uist read a letter from Vic Abatino, appealing a Sign Design Review Board decision denying permission to change s~gn copy on existing non-conforming sign at 347 East Main Street (Vito's Pizza and Italian Dinners). Mr. Almquist also read the Sign Review Board's minutes of March 11, 1971, which explained the dehial of the request. Mr. Abatino explained that the sign currently misrepresents his business; therefore, he would like to paint over the word "cafe" and replace it with "Vito's Pizza and Italian Dinners". City Attorney Salter reviewed sectio~ 22 of Ordinance No. 1657 which pertains to structural alterations, extensions or changes to non-conforming signs. He explained that it is Council's responsibility to determine whether or not the request would involve a substantial change to the non-conforming sign. Mr. Joe Sayre expressed concern that if the Sign Review Board's decision were overturned, the job of interpreting the ordinance would be more difficult for future requests. Following some discussion, it was moved by Conklin, seconded by Roble that Mr. Abatino's request to change his sign be granted. On roll call, carried 5-1, with Soderberg dissenting. Ordinances, Resolutions & Contracts: 1. City Administrator Almquist read o~dinance prescribing the regulations governing water service and repealing Ordinance No. 1412. Mr. Almquist explained that, pursuant to Article X of tt~e City Charter, each member of the Council has been supplied with a copy of the proposed regulations ten days in advance. The City Recorder's office has also been provided with copies on F~arch 30, 1971. Proper notices regarding the availability of the regulations have also been posted. It was moved by Roble, seconded by Conklin that the ordinance be passed to second reading by title only. Following brief discussion, on roll call~ carried unanimously. 2. City Administrator Almquist read ordinance prescribing water rates and repealing Ordinance No. 1412. He then reviewed the proposed rate changes with Council. It was moved by Roble, seconded by Conklin that the ordinance be passed to second reading by title only. Mr. George Helfrich of the Ponderosa Meat Plant requested that Council reconsider the proposed rate for commercial users outside the city limits. He ex lained that, with the proposed doubled rate, his bill would be over ~100 per month. Some discussion followed. Roberrs pointed out that it was his understanding that the proposed water rate increase would merely "carry us through the next two or three years". ~cCannon expressed a desire to have the Council reconsider the proposed increase in commercial rates charged to those outside the city limits. Conklin withdrew his second, and Roble withdrew his motion to pass ordinance to second reading by title only. It was Council's decision to reconsider the matter at the April 13, 1971, adjourned Council meeting. 3. It was moved by McCannon, seconded by Soderberg to postpone the second reading and action of the ordinance levying an-Admissions Tax of five percent until the next regular meeting of the Council. McCannon explained that he was hopeful that the City would work out some kind of negotiated agreement with OSFA, whereby the Festival could contribute an amount of moneyin lieu of taxes. Mr. Robe~son Collins, President of the OSFA Board, indicated the boar~ would welcome the opportunity to pursue the matter further. Mr. A1 Schwab po~ntea out that the City has also spent money on other projects ~ithin the city, i.e. expenditures involved in fighting the Elks Club fire, etc. Mr. Dick Soderberg felt that the City does not give appropriate recognition to costs incurred to other businesses in town as part of supplying basic city services. Conklin indicated that he felt the Council should act on the proposed ordinance at this time, since considerable study has already been devoted to the matter. On roll call on motion to postpone consideration of the ordinance until the next regular meeting of the Council, 3-3, with Willstatter, Conklin and Roble dissenting. The Mayor cast the deciding 4-3 affirmative vote. 4. It was moved by Willstatter that the ordinance levying a Transient Occupancy Tax of five percent be deferred until the next regular Council meeting. Motion died for lack of a second. At this time, City Administrator Almquist gave second reading of the ordinance levying a Transient Occupancy Tax of five percent. It was moved by Conklin, seconded by Willstatter that the ordinance levying a Transient Occupancy Tax not be adopted. At this time, Mr. J. T. Hamilton, recently appointed by Governor McCall to the Lodging and Food Service Commission, urged Council to vote favorably on Councilman Conklin's motion. He requested that Council study alternate methods of raising revenue, such as a city sales tax. Mr. Fred Vanada, Industrial Consultant to the Oregon Legislature, raised several questions regarding the cost of collection of the proposed tax. He also explained in detail the three House Bills currently being considered by the legislature, and the effects the bills would have on the city-imposed tax. Mr. H. J. Buyer, Executive Director of the Motel-ttotel Organization, indicated that he felt the proposed Transient Occupancy Tax was unfair. He pointed out that many motel-hotel owners in Eugene had voiced their opposition to the tax imposed there. Mr. Gerald Allen, President of ~ Ashland Motel and Restaurant Association of Ashland, presented a letter from a new motel owner in Eugene who stated that the transient occupancy tax imposed in that city had adversely affected his business. Considerable discussion followed. Roble expressed a desire to have the motion withdrawn, in order to make a new motion changing the effective date of the proposed ordinance to October 1, 1971. McCannon asked the motel-hotel owners present if they would support an increased business license as an alternative. Mr. Allen indicated that it was the unanimous feeling of the organization that they would support such an alternative. Mr. A1 Bamforth, owner of Bards Inn, pointed out that many tourists had already made advance reservations for rooms this summer. He also indicated that 90 percent of his business was paid for by credit card, upon which the motel-hotel owners must pay a 3 5 percent charge. Upon explaining his reasons for making the motion, Conklin pointed out that, in his opinion, the Admissions Ta× and Transient Occupancy Tax went hand in hand. Therefore, he would not be a party to the' a~option of the Transient Occupancy Tax without the Admissions Tax. -7- Following more discussion, on roll call to not adopt the ordinance, carried 3-2, with Roberts and Roble disse~ting. Soderberg abstained from voting. 5. City Administrator Almquist gave second reading of ordinance amending Ordinance No. 1184 as amended, adjusting rates for Electric Service. It was moved by Roberrs, seconded by McCannon that Ordinance No. 1673 be adopted. A members of ti~e audiance spoke in opposition to the ordinance, indicating that his electric bill was outrageous already, without the increase. On roll call, carried 4-1, with Roble dissenting. Conklin abstained from voting. 6. City Administrator Almquist read resolution requesting allocation of TOPICS funds and approval of project to provide access control on Siskiyou Boulevard from Wightman to Walker Avenue. It was moved by McCannon, seconded by Conklin that the rules be suspended and resolution passed to second reading by title only. On roll call, carried unanimously. Following second reading by title only, it was moved by Conklin, seconded by ~[cCannon that the resolution be adopted. On roll call, carried unanimously. There being no further business, the meeting was adjourned t~ April 13, 1971, at 7:30 p.m. in the City Hall Council Chambers. Acting City Recorder lcr