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HomeMy WebLinkAbout1972-0307 REG MINMINUTES OF THE REGULAR MEETING ASttLAND CITY COUNCIL MARCH 7, 1972 I. ROLL CALL: The regular meeting of the Ashland City Council was called to order at 7:~0 p.m. in the Theatre of the Ashland High School by Mayor Charles McKeen. On roll call, all council members were present, with the exception of Soderberg, who arrived a few minutes later. The Mayor stated he appreciated the fine representation by the students. II. APPROVAL OF MINUTES: Conklin moved that the minutes of the regular meeting of February 15, the special meeting of February 15, and the special meeting of February 22, 1972 be accepted and placed on file. Willstatter seconded. On voice vote, passed unanimously. III. STANDING COMMITTEE REPORTS: A. Finance & Property Committee: Conklin made the recommendation that the City Administrator and the City Attorney be authorized to acquire a real estate option for clear space easement and permission to trim encroaching trees at Ashland Airport from Mr. Ray Hassell for $1,400; and to authorize the Airport Committee to investi- gate sources of funding for a project which would include the cost of exercising said option at an additional acquisition price of $3,100. Roberts moved that the recommendation be adopted and that the City Administrator and City Attorney be authorized to acquire this real estate option; McCannon seconded. Willstatter felt that the Airport Committee has been established to find new revenue sources, and they were now requesting expenditure; therefore, he was opposed. Some discussion ensued regarding obligation of the City. Conklin pointed out that, unless the past project is completed, the FAA could conceivably come back to the City and ask for a refund of monies spent. Bob Reinholdt, 270 Skycrest, and Chairman of the Airport Committee, stated that the committee had been formed at the request of the Council to review the project; they were now asking to close the project (dating back to '69) and get off the list of uncomplet~ projects with the FAA. In order to do this, the trees would have to be trimmed. Reinholdt pointed out that there should be some access to trim the trees at a future time, and thus the option had been proposed. On roll call, passed with Willstatter dissenting. -1- ~ ~ar Beeting ~a~d City Council March 7, 1972 III. A. 2. Conklin recommended that discussion regarding a ballot title to be prepared for the May primary ballot for a Hotel/Motel tax be deferred until budget time. Roble moved to table discussion on such subject; Willstatter seconded; on roll call, passed unanimously. Conklin recommended that the Council meet in full with members of the Planning Commission, Ashland Development Commission and the Ashland Economic Development Commission in order to discuss the proposed ordinance combining the three commissions before any action was taken. He then moved that a study session for such purpose be set for March 14; Willstatter seconded; on voice vote, passed unanimously. Conklin presented a report on the feasibility of utility discounts for low-income senior citizens for possible consideration during the 1972-73 budget hearings. No action was necessary, as this was to bring the matter discussed in the Finance & Property Committee to the attention of the Council. Conklin recommended that the Mayor and City Recorder be authorized to execute the necessary documents to accept the State Highway Division's offer of $5,200 for city-owned right-of-way for the land on both sides of Highway 66 along Mountain View Cemetery and in front of Fire Station No. 2 (to be acquired for the widening of Highway 66). He so moved, and McCannon seconded. Some discussion regarding the property involved ensued. City Administrator Almquist pointed out that the State had agreed to install new fencing for the Cemetery, a new concrete driveway ramp at the Fire Station, and to match the new curbs with the City's existing ones at Sherwood Street. On roll call, passed unanimously. Conklin moved that the staff be authorized to call for sealed bids for four (4) patrol cars for delivery in late June, with payment to be made in July. Roble seconded for purposes of discussion. Roble questioned why the City did not go to a bid on State Police specifications or to a lease, since the cars were not standing up. Hays pointed out that local dealers could not bid on State specifications. Willstatter felt that the staff should be authorized to investigate a lease,~from-iH%e--Frt~t~. The City Administrator noted that, if authorized to call for bids, specifications would include the "police package" on tlle cars. Considerable discussion ensued regarding the economies of various methods. On roll call, passed unanimously. -2- ~alar Meeting Ashland City Council March 7, 1972 III. A. 7. Conklin presented an item not on tile agenda. He moved that the Council Finance & Property Committee be abolished and that the Council as a whole be appointed to this committee to take up any revenue problems. Soderberg seconded for discussion. She noted that matters of finance are of concern to all the Council; however, she felt the entire committee set up should be looked at, and wanted to defer the matter to a study session. On roll call, motion passed unanimously. to abolish the Finance & Property Committee. B. Public Service Committee: No report. C. Streets & Traffic Committee: The committee recommendation was that the staff be directed to prepare a ballot title in order to place a 4% Utility User Tax on the May primary ballot with funds earmarked for widening Highway 66 to Siskiyou Bouelvard, City share in connecting routes to third freeway interchange, and the street portion of the capital improvement program. Soderberg felt there was a good deal of community support for widening Highway 66 and also planning for future growth of Ashland by laying aside funds for connectingroutes. The community attitude survey showed that long-range improvement program for streets was considered a high priority. She felt that, since people wanted this, they should be given an opportuniy to vote on it. Roble precluded his motion by stating that he did not feel this tax was wanted by the people of Ashland, and moved that the recommendation be tabled; Willstatter seconded; on roll call, passed unanimously. Soderberg stated that a request had been received from the Chamber of Commerce. Due to a letter from the County Sanitarian regarding the dust problem, it was recommended that the booths be placed along the park side of Winburn Way and closed to through traffic (except emergency vehicles) during 4th of July activities. She then moved that the request to close Winburn Way from the Plaza to Nutley Street be approved. Roble seconded. On voice vote, passed unanimously. -3- ~oalar Meeting Ashland City Council March 7, 1972 IV. COMMUNICATIONS: Oral form the Audience Concerning Business Not Included on the Agenda Although there was no business presented by the audience, Councilman Willstatter presented an item for Council consideration. He had spoken with County Commissioner Rodney Keating regarding the widening of Oak Street, and stated that the County was receptive to meeting the same standards as the City in continuing this widening past Nevada Street. Willstatter then moved that the issue of widening the rest of Oak Street in conformance with standards established be pursued with the County; Conklin seconded; on voice vote, passed unanimously. The Mayor then referred the matter to the Streets & Traffic Committee. Councilwoman Soderberg mentioned that the City give some consideration to the observation of Ashland's centennial celebration. V. COMMUNICATIONS: Written City Administrator Almquist read three letters concerning the committment, reminder and reconsideration request for the removal of two billboards in the Ashland Central Area by the United Outdoor Advertising Co., Inc. Willstatter felt very strongly that the billboards should be in another area, and moved that the City require the removal of the billboards upon the expiration of present leases with property owners. Soderberg seconded; on roll call, passed unanimously. The City Administrator read a letter from the State Health Division and the Certificate of Merit awarded to the City of Ashland for producing water meeting the State Health Division standards for bacteriological purity of drinking water. Roble moved that the letter be received and placed on file and that the Certificate be placed on display. tie also commended the Water Department for their efforts. McCannon seconded; on voice vote, passed unanimously. Roble moved that the minutes of the Hospital Board meeting of February 18, 1972 be accepted and placed on file. Willstatter seconded for discussion, but questioned: (1) whether the proposed property acquisition had been cleared by the Council and (2) whether legal counsel was provided for the lawsuit (since the City had responsibility under Ordinance No. 1279). City Attorney Salter stated that, early after his appointment in January of 1971, an attorney from Portland had contacted him regarding the lawsuit. Salter noted that this was a rather specialized field of law (involving the duties of Hospital -4- .~alar Meeting Ashland City Council March 7, 1972 V. 3. (continued) personnel. Willstatter noted that the Hospital was also re uired to go to bid for those items over $500. After more ~iscussion, R6ble and Willstatter withdrew their motions. Roble then moved that the City Attorney be instructed to contact Hospital Administrator Philip Huntley in regards to (1) the impending lawsuit over the wage issue, and (2) the f to question o the $500 limit to go bid, and then issue a legal opinion to the Council. Included in this motion was to accept the minutes as discussed (with questions raised) and place on file; Willstatter seconded; on voice vote, passed unanimously. Conklin moved that the minutes of the Ashland Economic Develop- ment Commission meeting of February 9, 1972 be accepted and placed on file; Soderberg seconded; on voice vote, passed unanimously. Soderberg moved that the minutes of the Ashland Development Commission meeting of January 28, 1972 be accepted and placed on file; Willstatter seconded; on voice vote, passed unanimously. VI. SPECIAL AGENDA ITEMS: A. Unfinished Business: None B. New & Miscellaneous Business: City Administrator Almquist read a letter from Gilbert J. Reno, requesting annexation of property situated at the northeast corner of Tolman Creek Road and Highway 66, con- sisting of five acres (the frontage depth of 200 feet of which is already in City limits). Almquist noted that it was proposed to develop the front half as a motel, and the rear as apartments, although no plans or elevations had been received. Soderberg moved that the request by placed on file until such time as plans were received; Conklin seconded. Willstatter stated he had traditionally opposed any annexation, and didn't want to give Mr. Reno any encouragement and added expense. On voice vote, passed unanimously to place on file. Almquist read a letter from Leo Zupan, appealing a decision of the Planning Commission denying a Minor Land Partition on land situated on the north side of Nevada Street, west of Helman Street. -5- lar Meeting As~land City Council March 7, 1972 VI. B. 2. (continued) The City Administrator also read a letter from the Planning Technician and related correspondence from a member of the Planning Commission, stating that the subdivision ordinance was being circumvented by a series of Minor Land Partitions. After considerable discussion regarding the history of the present application for a Minor Land Partition, and a rebuttal to the remarks by Leo Zupan (present in the audience), Conklin moved that the decision of the Planning Commission be overturned and the Minor Land Partition be allowed. Willstatter seconded, stating that he felt the issue was one of intent. Alsing noted that a section of the property had been deeded to the City for a future street,~:L~r~y'Taylor, of 667 North Main Street (also Mayor of the student council), noted that this would probably have been the only requirement under the subdivision Ordinance, since ut~ies and street improvements were already in. On roll call, passed unanimously. The City Administrator presented a request from the Ashland Economic Development Commission for authorization to expend $350.00 for 4th of July activities, as requested by the Chamber of Commerce. Conklin moved that the request be allowed; Soderberg seconded. On voice vote, passed unanimously. Almquist read a petition for improvement of Coventry Place from Glendower Street westerly approximately 110 feet. He noted that a petition of this small size was usually not accepted; however, there were additional vacant lots along the west side of Coventry and the staff suggested that a binding agreement be secured from the owners of these additional vacant lots in order that the City be allowed to proceed with improvements at a later date. Soderberg moved that the staff be directed to secure a binding agreement prior to calling for public hearings; McCannon seconded; on voice vote, passed unanimously. At this time, a 10-minute recess was called. C. Ordinances, Resolutions & Contracts: City Administrator Almquist gave the first reading of an Ordinance providing fees for special services and written reports to persons other than governmental agencies furnished by the Police Department, and declaring an emergency. Soderberg moved to pass to a second reading; Conklin seconded. After some discussion, on roll call vote--passed with Willstatter dissenting. -6- ~gular Meeting Ashland City Council March 7, 1972 VI. C. 2. City Administrator Almquist gave the second reading of an Ordinance amending Ordinance No. 1SS8, which pertained to offenses in the City of Ashland, and declaring an emergency. McCannon moved for adoption; Soderberg seconded; on roll call, passed unanimously. Almquist gave the second reading of an Ordinance vacating a street commonly known as Palm Avenue in the City of Ashland, Oregon (between Ashland Street and Siskiyou Boulevard). Conklin moved for adoption; Soderberg seconded; on roll call, passed unanimously. The City Administrator gave the second reading of an Ordinance amending Ordinance No. 1578, as amended by Ordinance No. 1587, which concerns parking limitations in the City of Ashland, and declaring an emergency. Willstatter moved for adoption; Soderberg seconded. Almquist noted that this would only affect three spaces next to Ashland Hardware; on roll call, passed unanimously. Almquist gave the second reading of an Ordinance levying special benefit assessments in the amount of $36,423.10 in the matter of construction of curbs and paving in Street Improvement District No. 3?, and declaring an emergency (Randy, Willow, .Glendower and Park Streets). Conklin moved for adoption; Willstatter seconded; on roll call, passed unanimously. Prior to the reading of the Resolution proposing amendments and revisions to the 1889 Charter of the City of Ashland, Oregon, Willstatter moved that the City Attorney be instructed to get a ruling from the State Attorney General regarding whether an issue declared null and void truly is null and void. Roble seconded, stating that it would remove the cloud of doubt regarding the validity of the Charter. Salter pointed out that the Attorney General would not answer such a broad question, and needed to have more specifics. Willstatter stated he had faith in the City Attorney to put this question in the proper legal form in order to get a reply. On roll call: YES - Willstatter, Conklin, Roble NO - McCannon, Roberts, Soderberg The Mayor stated he had no question in his mind regarding the validity of the Charter, and therefore broke the tie vote with a "No". Willstatter reiterated that this matter was important and the City should determine whether or not it was operating under a valid Charter. -7- (egular Meeting Ashland City Council March 7, 1972 VI. C. 6. Before the reading of the Resolution, Soderberg stated she felt some changes should be considered. She moved that, in Proposed Amendment No. 4 (on pages 2, 3 and S) regarding the reading of an Ordinance, the words "...or the public" be added after "...unless a second full reading is requested by a Councilman." McCannon seconded the motion; on voice vote, passed with Willstatter dissenting. After considerable discussion regarding the appointment of the Police and Fire Chiefs, Soderberg moved that Proposed Amendment No. 2 (on pages 1 and S of the Resolu- tion) be eliminated but handled by Ordinance and Council direction. Further discussion ensued, with some noting this was merely a housekeeping matter to bring Ordinances and the Charter in line. The motion died for lack of a second. Soderberg then moved that the ballot title for Proposed Amendment No. 4 (on page 5) be reworded to include "...or the public"; McCannon seconded; on voice vote, passed with Roble and Willstatter dissenting. City Administrator Almquist then read the Resolution as corrected; Conklin moved, under a suspension of the rules, to pass the Resolution to a second reading by title only. Soderberg seconded; on voice vote, passed with Roble and Willstatter dissenting. Almquist read by title; McCannon moved for adoption; Soderberg seconded; on roll call, passed with Roble and Willstatter dissenting. The City Administrator read the Resolution authorizing the submission of an application to the Department of Housing and Urban Development for federal assistance to acquire and develop Hunter Memorial Park under the "Legacy of Parks Program". Under suspension of the rules, Soderberg moved to pass to a second reading by title only; McCannon seconded. Some discussion regarding finances ensued. The City Administrator noted this application was being made for matching funds to the $S0,000 donation given the City by George Hunter. Willstatter felt that priorities should be established (streets versus parks). On roll call, passed with Roble and Willstatter dissenting. Almquist read by title; Soderberg moved for adoption; McCannon seconded; on roll call, passed with Roble and Willstatter dissenting. -8- ~egular Meeting Ashland City Council March 7, 1972 VI. C. 8. 10. City Administrator Almquist read a Resolution dedicating the property developed as the Lithia Park Extension Project for park purposes. McCannon moved to pass to a second reading by title only, under suspension of the rules; Conklin seconded. On roll call, passed unanimously. Almquist read by title; Roberts moved for adoption; Conklin seconded; on roll call, passed unanimously. The City Administrator read a Resolution dedicating the property commonly known as Garden Way Park, at Clark Street and Garden Way, for park purposes. Soderberg moved, under suspension of the rules, to pass to a second reading by title only; McCannon seconded; on roll call, passed unanimously, Almquist read by title; Conklin moved for adoption; Soderberg seconded; on roll call, passed unanimously, The City Administrator presented an agreement between the City of Ashland and Southern Oregon College for use of swimming facilities in the Summer Recreation program. He noted that the program was for a 6-week period, at $50/day, not to exceed $1,500. Due to a conflict of interest, Willstatter asked to be excused from voting (no objection). In reply to a question raised regarding changes made in the contract (by writing over figures), Garth McGuire, Director of Parks & Recreation, explained that the City had attempted to negotiate a better contract, but had agreed to the figures shown (and indicated they would be initialed by all parties). Soderberg moved that the Mayor and City Recorder by authorized to sign the agreement as corrected; Conklin seconded; on roll call, passed unanimously. Conklin moved for adjournment; McCannon seconded. further business, the meeting was to the call of the Mayor. There being no adjourned at 10:40 p.m., subject Respectfully submitted, ~'IJoseph M. Butler City Recorder /nck -9-