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HomeMy WebLinkAbout1971-0316 REG MINMINUTES FOR REGULAR HEETING ASt!LAND CITY COUNCIL MARCH 16, 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: Willstatter suggested the following correction to the March 2, 1971, regular minutes, page 3, paragraph 7: "Willstatter pointed out that some time ago Council requested that the Planning Commission provide some guidance regarding fence matters. He urged that this investi- gation be pursued;" in place of "~illstatter pointed out that some time ago the Planning Commission recommended to one of the Council's advisory committees to establish some type of policy regarding permits required for construction of fences, etc. Willstatter urged that this investigation be pursued by the Council." It was moved by Conklin, seconded by McCannon that the minutes of the March 2, 1971, regular meeting and March 19, 1971, adjourned meeting be approved, as amended, and placed on file. Motion carried unanimously. DEPARTMENTAL REPORTS: It was moved by Roble, seconded by Conklin that the departmental reports for the month of February be accepted and placed on file. Motion carried unanimously. STANDING CO~HTTEE REPORTS: a. Finance & Property Committee - No Report b. Public Service Committee - Chairman Roble indicated that it was the committee's recommendation to defer consideration regarding the establishment of an Airport Commission until a later date, due to the urgency of the matters currently before the Council. It was moved by Roberrs, seconded by Conklan that the commjttee's recom- mendation be accepted. On roll call, carried unanimously. Roble reported that he inspected the property sustaining the drainage problem at the corner of Siskiyou and Faith. FIe explained that water is currently flowing from Tetra Linda Subdivision into a ditch parallel to the BouHevard. The State tIighway Department has a culvert across the Boulevard from Terra Linda Subdivision down to the Faith Avenue area; the water drains historically in a cross pattern to the existing ditch, which provides for the flow of the drainage water behind the properties to Ilighway 66 and eventually to open land. It was pointed out that the developer filled in this property at the corner of Siskiyou and Faith, thereby closing off the access to the culvert at Siskiyou and Faith, resulting in -2- an overflow down Faith to other properties. The developer has asked that the City create a drainage program; however, in consulting with the developer and staff, it is not known whether or not a storm sewer system would be adequate to carry the extra load in this area. Roble indicated that staff and the conm~ittee recommended that the developer open the culvert at his own cost and allow the water to continue to flow to the historical waterway, or rechannel the water around the property to eventually flow into the historical waterway. It was moved by Roble, seconded by Conklin that the recommendation be accepted. On roll call, carried unanimously. c. Streets & Traffic Committee Chairman Conklin requested that City Administrator Almquist read communication from Planning Commission regarding Bear Creek Area Transportation Study. Mr. Almquist read communication from the Planning Commission dated March 9, 1971, recommending that Council adopt the Bear Creek Area Transportatio~ Study in principle. Willstatter expressed his desire to have some investigation made into the possibility of a mass transit system in connection with the BCATS Plan. On roll call to adopt the BCATS Plan in principle, carried unanimously. COMMUNICATIONS: 1. City Administrator Almquist read letter dated March 1, 1971, from the League of Women Voters encouraging the Council to authorize the Jackson County Housing Authority to operate in Ashland. Following brief discussion, the matter was referred to the Public Service Committee by Mayor McKeen. 2. City Administrator Almquist read letter dated March 5, 1971, from the Ashland Little League requesting permission to utilize vacant Cemetery Trust property on the north side of Holmes Avenue, west of Normal Avenue (adjacent to Walker School). Mr. Almquist also presented a diagram of the boundaries of the property, as well as an alternate plan which indicated similar use but a different layout. The matter was referred to the Finance & Property Committee by Mayor McKeen. 3. City Administrator Almquist read letter dated March 11, 1971, from W. W. Wiley relative to budget shortage and revenue plan. No Council action taken. 4. It was moved by McCannon, seconded by Soderberg that the minutes of the Economic Development Commission meeting of January 1971, be accepted and placed on file. Motion carried unanimously. 5. It was moved by Conklin, seconded by Willstatter that the minutes of the Planning Commission meeting of February 22, 1971, be accepted and placed on file. Motion carried unanimously. SPECIAl, AGENDA ITEMS: Unfinished Business: None New & Miscellaneous Business: 1. It was moved by Conklin, seconded by McCannon that staff be instructed to publish necessary notices and make necessary arrangements for first hearing of the Budget Committee for April 19, 1971, at 2 p.m. On roll call, carried unanimously. Ordinances, Resolutions & Contracts: 1. Ordinance levying an Admissions Tax of five percent - City Administrator Almquist read a letter dated March 16, 1971, from Dr. Elmo Stevenson, Administrator, Rogue Valley Manor, urging the Council to reconsider the adoption of the ordinance imposing an admissions tax. Dr. Stevenson pointed out in his letter that the Shakespearean Festival is a valuable asset to the Ashland community and should not be hampered by "so much as a measily ticket tax." Mr. Almqui~t also read a letter dated March 16, 1971, from G. W. Jordan, President, Ashland Chamber of Commerce, indicating that the Chamber Board of Directors voted unanimously to go on record opposing both the Admission Tax and the Hotel-Motel Tax as proposed by the Ashland City Council. The letter stated several reasons for the Board's opposition to the proposals. Mr. Parker Baily reqnested that Council defer action on the proposed Transient Occupancy Tax until a later date. FIe spoke mn favor of the Admissions Tax, and suggested that the revenues obtained from the tax be earmarked for specific purposes. At this time, City Administrator Almquist read an ordinance levying a tax on persons paying admissions to any place; fixing the amount and providing for the collection thereof; and pre- scribing penalties for violations of the ordinance. It was moved by Soderberg that the proposed ordinance levying an admissions tax be tabled until such time as the Council can call for a public hearing so the peop]e may have an opportunity to speak on the issue. Motion died for lack of a second. It was moved by Conklin, seconded by Willstatter that the ordinance levying an admissions tax be passed to second reading. Roberrs pointed out that it was the Council's ultimate responsibility to provide some revenue producing programs; and, after considerable study, the Council has come up with a revenue package which they feel is fair. Therefore, the Council should assume the responsS- bility of acting on these matters. Soderberg pointed out that, when people are going to be taxed, they should be given the opportunity to indicate their preference so it is not so dictatorial against them. -4- McCannon indicated that he was not convinced that the admissions tax would be harmful to the Shakespearean Festival. He pointed out that if Council does enact this proposed tax, and at a later time it is found to be detrimental to the Festival, he would certainly change his mind on the matter. Several members in the audience admissions tax, indicating that cities not imposing the tax. spoke in opposition to the proposed it would "drive tourists" to other On roll call on motion to pass the ordinance to second reading, carried 5-1, with Soderberg dissenting. 2. City Administrator Almquist read ordinance levying a tax on transient occupants of the City of Ashland; fixing the amount and providing for the collection thereof; and prescribing penalties for violations of the ordinance. It was moved by Conklin, seconded by Roble that the ordinance be passed to second reading. There was some discussion regarding the motel's owners responsibility in paying a charge for customers utilizing charge cards. It was also pointed out that a ruling would have to be obtained from the Attorney General's office concerning the proposed transient occupancy tax and its effect on dormitories. In response to a question from Mr. Leo Zupan, City Administrator Almquist pointed out that no additional personnel would be required for the administration of the proposed transient occupancy tax. Following some discussion concerning the length of time required by the motel/hotel operators to process the tax collection, it was moved by Conklin, seconded by Roble that Section 6 of the ordinance be amended to read "the last day of the month," rather than "the 1Sth day of the month", for the filing of a return by the motel/hotel operators of the total rents charged and received and the amount of tax collected. On roll call, carried S-I, with Soderberg abstaining. There was some discussion regarding the tax affecting prior commitments made by hotel/motel owners. City Attorney Salter indicated he would have to research the matter before giving an opinion. The President of the Ashland Mote] and Restaurant Association urged the Council to reconsider their stand on the transient occupancy tax. tie pointed out that he had been in contact witb the State legislators from dackson County regarding the possibility of the State imposing a transient tax. The legislators indicated that the State will most likely not adopt the ordinance; and tbe legislators would vote against it anyway. Mr. Richard Soderberg pointed out that he felt the transient occupancy tax would not provide a broad base solution to the City's financial problem. He indicated that a tax should affect the general public of Ashland, not a select few. He also pointed out that the City of Eugene has the support of the motel and hotel owners for the occupancy tax only because the revenues are earmarked for a community facility. On roll call to pass ordinance to second reading, carried 5-1, with Soderberg dissenting. 3. (a) and (b) - City Administrator Alm~u~st read ordinance amending Ordinance No. 1184 as amended, adjusting rates for electric service, and providing a seven percent discount for such service. He also read ordinance levying a utility users tax of five percent on the use of electricity, gas, fuel oil, garbage, sewer and water facilities and services. Soderberg again expressed a desire to have a public hearing on the matters so the people can voice their views. However, she pointed out that of all the revenue sources presented for action by the Council, she felt these two ordinances to be the most eqn~table, since they are not discriminating against any one segment of the community and would offer some relief on i~come tax. Roberts pointed out that the administration of the proposed taxes contained in the ordinances just read by the City Administrator would involve additional personnel in the Finance Department. Finance Director Nelson indicated that he had not researched the matter as it would relate to additional personreel; however, his initial response would be that one, possibly two acconntants would be required to handle the work load involved in administering the pr'oposed taxes. Following some d~scussion, it was moved by Soderberg that the matter of an ordinance amending Ordinance No. 1184 as amended, adjusting rates for electric service and providing a seven percent discount for such service; and an ordinance levying a utility users t~x of five percent on the use of electricity, gas, fuel oil, garbage, sewer and water facilities and services, be placed before a public hearing. Hotion died for lack of a second. It was moved by Roberts, seconded by Roble that an ordinance amending Ordinance No. 1184 as amended, adjusting rates for electric service (excluding section 6) be passed to second reading. There was some discussion regarding the City's proposed contract with Pacific Power & Ilight Company. In response to a question from ttle audience, City Administrator Almquist pointed out that -6- Bonneville Power Administration v:ould not have power for the City of Ashland in the foreseeable future. It was also pointed out that any power purchased from Bonneville would have to be wheeled over PP&I, lines. Some discussion followed. A student from Southern Oregon College expressed concern that there appeared to be a lack of interchanging of ideas that the Council was not receptive to the audiences' views or the views of Councilwoman Soderberg. On roll call to pass ordinance to second reading, carried 4-,2, with Soderberg dissenting and Conklin abstaining. 5. City Administrator Alnmuist read resolution providing for installation of signs, par~ing prohibitions, and traffic regulations authorized by the Council on March 2, 1971. It was moved by Conklin, seconded by Roble 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 McCannon, seconded by Willstatter that the resolution be adopted. On roll call, carried unanimously. 6. City Administrator Almquist briefly reviewed an agreement with Pacific Power & Light Company for the furnishing of electric power and energy for use by the City of Ashland for a 10-year period ending February, 1982. }ie then read a resolution authorizing the Mayor and Recorder to sign the agreement. City Attorney Salter pointed out that he had reviewed the agreement and found nothing objectionable. It was moved by McCannon, seconded by Conklin that the rules be suspended and resolution passed to second reading by title only. Following brief discussion, on roll call, carried unanimously. Following second reading by title on]y, it was moved by Roble, seconded by Conklin that tl~e resolution be adopted. On roll call, carried unanimously. Robert's, Chairman of the Finance & Property Committee, reported that the committee had a recent meeting with representatives of the Recreation Commission to attempt to reach some agreement regarding the Lancers Motorcycle Club sub]ease. He then suggested that the matter be continmed to next Tuesday's stndy session due to the late hour. Following some discussion, it was Council's wish to discuss the matter at this time and try to reach some solution. Willstatter pointed out that, as a Councilman, he cannot be a party to the invasion of someone e]se's property rights. Conic]in expressed concern that tbe City Attorney may be reqnired to draw up several drafts of the sublease before a conclusion is reached, resulting in additional expenditnre to the City. Roble suggested that the Park and Recreation Coimnission absorb the cost of preparing the sublease. -7- Dave D'Olivo, Chairman, Parks and Recreation Commission, pointed out that the comntission is acting as a Recreation Commission under the Council; simply as an advisory group to the Council. There was some discussion regarding the competitive racing at Lithia Springs, and the aw~i]abiljty of acreage in the Medford area for motorcyclists throughout the County to utilize. It was moved by Conk]in, seconded by Soderberg that the sublease be amended to provide for family purpose use, with six muffled competitive races. A representative of the Lancers ~otorcycle Club indicated that the competitive races were necessary to finance the activity of the club and maintain the racing facility. Mr. John Balog indicated that the competitive racing created too much noise, even if mufflers were utilized. The representative of the Lancers indicated that the American Motorcycle Association will require silencers on all bikes next year; he r~quested that Council amend the motion to provide for silencers on the motorcycles rather than mufflers. Some discussion followed. Mr. Balog pointed out that he knew of two neighbors in the Lithia Springs area who would not be agreeable to this arrangement, in addition to himself. On roll call to amend sublease, carried 4-2, with Roble an~ Willstatter dissenting. Following brief review of the antended section of the sublease by City Attorney Sa]ter, it was moved by Conklin, seconded by Soderberg that the Mayor and Recorder be authorized to execute the sub]ease as amended. On roll call, carried 4-2, with Roble and Willstatter dissenting. There being no further business, the meeting was adjourned subject to the call of the Mayor. lcr Acting City Recorder