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HomeMy WebLinkAbout1975-1104 REG MINROLL CALL APPROVAL OF MINUTES RSVP VAN OFFER TROUTDATE BLDG. ORDINANCE CABLE TV PUBLIC FORUM MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 4, 1975 The Pledge of Allegiance was led by Mayor Prickett who called the meeting to order at 7:30 p.m., on the above date in the Council Chambers. Hoffarth, Ragland and Laws were present. Absent were McDowell, Allen and McCannon. Hoffarth moved to approve minutes of the regular meeting of October 1975; Ragland seconded and on voice vote, passed unanimously. Ragland moved that minutes of Boards, Commissions & Committees be accepted and placed on file; Laws seconded and on voice vote, all YES. A letter from J. C. Sims, Vice Chairman of the Board of Directors for Retired Senior Volunteer Program, was read by City Administrator in which an eight passenger van was offered to relieve senior citizen transportation needs in the City. Ragland moved to accept the letter and place on file. Hoffarth seconded. Laws suggested that letter be referred to the Senior Forum'for consideration. Mayor Prickett said that the Human Resources Committee is studying the needs of the community and will report to Council after January 1, 1976 and that since there is a senior reDresentative on that committee, he would think it more appropriate to follow Ragland's suggestion. On Laws' question on his motion, Ragland stated that he sees no funds to carry on transportation program at this time. On roll call, all YES. A letter from the City of Troutdale was read by City Administrator Almquist relating that Troutdale is being sued by the State of Oregon over an ordinance which requires double wall construction which is in conflict with the State Uniform Building Code to be followed by all Oregon cities. The purpose of the letter was to point out concern for individual exceptions to a uniform code and to ask for moral sup- port. Laws moved to place on file; Ragland seconded, Mayor Prickett said that Home Charter cities should be able to make amendments that are structurally beyond those set down by the State. City Attorney Salter said that where there is a conflict in law between the State and Home Rule cities, the Home Rule cities prevail unless of such broad nature as to need uniformity. On roll call motion to file 1 letter, passed unanimously. A letter from Dr. Allan Essex was read by City Administrator Almquist offering to act in an advisory capacity relative to the new CATV franchise to be drawn up in 1977. The matter was discussed and it was decided that there was a need for an in-depth study before enter- ing into a new contract but the matter should be deferred until about January. Laws moved to table and to contact Dr. Essex and ask that he act in advisory capacity. Hoffarth seconded and on roll call, passed unanimously. Mayor Prickett said he would speak to Dr. Essex, Councilman Laws lauded the Police Department for the role of one of the officers who reconnnended that a senior citizen relinquish his driver's license after an accident for the sake of his own and other~ safety. 11/4/75 Page one Regular Meeting Ashland City Council 11/4/75 Page 2 UNFINISHED BUSINESS Water St. Property Block Grant Employee Attorney Fees Bear Creek Extension Jackson County Economic Development Forest Service Agreement A memorandum from the City Administrator was read on the status of the Water Street property and future use of same. Ragland asked that the Gibbs report on Warehousing be made available for his perusal as he has reservations about approDriating monies on the Water Street site at this time. A sunmary of the many facets possible in the application and commit- ments involved in Block Grant Development programs were outlined by the City Administrator in a memorandum and discussed by Council. Rag- land moved that application be withdrawn; Hoffarth seconded because of fear of the government running the City. W. L. Robertson of 316 Pat- terson spoke on his behalf and that of other property owners in the Carol/Phelps/Hersey/?atterson area and stated opposition to the pro- posed improvement of properties by installation of streets saying that use of federal funds for private benefit would be detrimental to the City and it~s taxpayers. Mr. Robertson said that he would agree to having sewer installed and would pay connect fee hut that they were satisfied with unimproved streets. Hoffarth agreed that City shouldn' become entrenched in housing development which would ultimately follo~ the original project. Mayor Prickett said he felt that the sewer treatment plant exDansion monies had "strings" in that rate approval must come from the federal government because of funding and that we might see a similar control on other projects to preclude home rule. Laws disagreed with withdrawal of application altogether and wondered if application could be reconsidered at a future date, On roll call, all YES with Laws stating his "YES" to enable him to move for recon- sideration later. City Attorney Salter suggested . that matter be discussed when Res- olution appeared later in the evening on the agenda. Hoffarth asked Director of Public Works for cost estimates of extend- ing channel to Bear Creek and Alsing said that he had applied to the State and would need their approval first and that it might be betwee' 45 and 90 days before we know what the total project will be. A letter from the Overall Economic Development Committee was read by the City Administrator. Hoffarth said the intent was to put small cities on notice so that projects can be planned on long term basis so that when programs develop they will be able to apply without del~ Ragland moved to advise Committee that prioritizing be done after the Comprehensive Plan is complete and needs are cited in order of their importance; Hoffarth seconded and on roll call, passed unanimously. City Attorney Salter presented an agreement drawn to ensure coopera- tion from the Forest Service in the watershed and recommended a letter be sent indicating the City's concern for logging and other activities which may jeopardize the City's water supply and ask that City be notified of any logging plans. The City Attorney said that he would research Environmental law as soon as he has access to a law library with sufficient materials. Ragland moved that letter be written by City Attorney Salter as suggested for Mayor's signature and delivered with Agreement; Hoffarth seconded and all YES on roll call. 11/4/75 Page 2 Regular Meeting Ashland City Council 11/4/75 Page 3 Rondo Lanes Liquor License Application A liquor license application was presented by Recorder Butler. On Laws' question Applicant Ward sa~d that the young people using the bowling alleys would not have access to the room where alcoholic beverages will be dispensed and said that he had checked with other bowling alleys with licenses and that they have experienced no diffi- culty. Chief of Police Hays said he felt confident that Ward would control the concession in an adequate manner, The applicant showed a sketch of set-up and Ragland moved for approval; seconded by Hoff- arth and passed unanimously on roll call vote. Smoking Ban Hoffarth moved _. that "No Smoking" ban be placed on agenda for discussion. Ragland. seconded. Laws obJecfed~aying it w~s unfair as three Council members are absent. On roll call, all YES, On Hoffarth's motion to allow smoking, Ragland seconded. Passed on roll call with all voting YES. Fox Street dedication A Resolution dedicating land to street right-of-way purposes on South side of Fox Street west of Ashland Mine Road was read by City Adminis- trator Almquist. Director of Public Works Alsing said he was happy to accept the offer of land for eventual street widening. Ragland moved to adopt; second by Laws and passed unanimous ly on roll call vote. Attorney Fees City Administrator Almquist gave reading of a resolution establishing a policy concerning the payment of attorney's fees incurred by employees of the City. City Attorney Salter said that it is sometimes necessary to act promDtly for maximum effectiveness in securing ser- vices of an attorney and this resolution would cover that. Mayor Prickerr suggested that City Administrator be included in the authori- zation along with the City Attorney or Council. Ragland expressed concern that Council could countermand court action by support and said the whole thing hinges on whether or not the employee was acting in scope of service. Salter said you might act within the scope of a job and act with too much force and suggested that ideally fees should not be paid for six months. Hoffarth suggested checking policy of other cities. Laws recommended that policy be adopted on condition that financial responsibility be accepted only after employee is found "not guilty". Mayor Prickart recommended that more study be made and that matter be brought back to a full Council. Hoffarth moved to table matter to next meeting; Laws seconded and on roll call vote, all YES. Mann Sub. Findings of Fact City Administrator Almquist read memorandum from City Attorney Salter and Findings of Fact relating to Mann Subdivision. Hoffarth moved to adopt; second by Laws and on roll call, all YES. Adjournment The meeting was adjourned at 9:00 p.m. to the next regular meeting to be held on Wednesday, November 19, 19 ~ because of conf t of L~~~ague of Oregon Cities convention time. . ' ' ' M. L 'ler 11/4/75 Page 3