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HomeMy WebLinkAbout1971-1102 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL NOVEMBER 2, 1971 I. ROLL CALL The regular meeting of the Ashland City Council was called to order at ?:30 p.m. by Mayor Charles McKeen in the Council Chambers, City Hall, on the above date. Councilman Conklin was absent; all other Council members were present, II. APPROVAL OF MINUTES: Willstatter noted two corrections to the minutes of the regular meeting of October 19, 1971: Page 3, paragraph 2: He did not feel the Council should "look into the Parks budget"; rather, "enabling legislation should be passed to permit the Parks Department to acquire such property." b. Page 11, paragraph 2: Willstatter replied (to a statement by Mr. Harry Elmore) that this was "not inverse condemnation". McCannon moved that the minutes of the regular meetiDg of October 19, as amended, and the minutes of the adjourned meeting of October 26 be accepted and placed on file. Soderberg seconded; on voice vote, passed unanimously. III. DEPARTMENTAL REPORTS: City Attorney Salter reported to the Council relative to the Jim Busch Ford sign. He stated that a case had been instituted in Circuit Court asking that the sign on the side of the Ford dealer be removed. In effect, he reported, the goal had been accomplished since the company had it painted over. The case was set for trial the next week, and Salter requested the Council's authorization to file for dismissal. He pointed out the court would dismiss it anyway, and he wanted to save the City some money. Roble moved to authorize the City Attorney to so file; Roberts seconded. On voice vote, passed unanimously. IV. STANDING CO~IITTEE REPORTS: A. Finance & Property Committee .Roberts presented the Committee's recommendations on the following: Regular ~[eeting Ashland City Council November 2, 1971 IV. Finance & P_ro~erty C_omnlittee (continued) A recommendation was made to defer action on the proposal to accept deeds from Oak Street property o~rners for the proposed Parkway Road in lieu of Street Improvement Assessments until information is received from the State Highway Commission about the proposed freeway interchange. Rob]e moved that the recommendation for deferral be adopted; McCannon seconded; on voice vote,.passed unanimously. Roberrs recommended that the City Attorney be directed to prepare the necessary Ordinance waiving an election and calling for a Public Hearing to consider a request from R. E. Van Vleet for the annexation of five acres at the intersection of Interstate 5 and Highway 66 for motel/restaurant use. Roble reminded the Council that he had made a motion on the original request for annexation, as there was no proposal for improvement of the land. He now agreed with the Finance & Property Committee, and recommended holding a Public }learing. Willstatter felt that the Com~cil should not substitute the wishes of the people for a Public Hearing. tie also stated this matter should wait until the Comprehensive Plan was updated in order to allow tile citizens of Ashland to decide overall policy. In reply to a question from the bfayor, City Administrator Almquist stated that this request for annexation had been recommended t6 the Council by the Planning Commission. McCannon moved to set up a Public tlearing; Soderberg seconded. She added that the City staff should also bc authorized to use the same form of agreement procedures use in negotiations with Elmore and 'that the County Planning Commission be made aware of this. Alsing confirlned that City sewer and water lines were in close proximity to the property line under question. On roll call, Willstatter - NO; all others YES. Roberts recommended the staff investigate the feasibility of estab]~sh'ing a branch utility payment station in the southeast Ashland area and report findings to the Conncil. tie stated this was a matter of convenience for citizens living in the southeastern part of town, and wonld relieve tbe parking problem at City tla]l when persons come to pay their bills. ~,~6ular Meeting Ashland City Council November 2, 1971 IV. 3. (continued) Willstatter moved to accept the recommendation; McCannon seconded. Soderberg stated she had contacted about 25 businessmen in the downtown area, only four of which were opposed to situating a branch payment station in the south- eastern area. On voice vote, passed unanimously. At this time, the Mayor presented two names to th~ Council for confirmation of appointment to the Citizens Budget Committee: Robert N..Bailer, a former councilman; and Dr. William Cornelius, of Southern Oregon College. Robe~ts moved that the Mayor's appointments be confirmed. Willstatter seconded; on roll call, passed unanimously. There were no reports from the Public Service or Streets & Traffic Committees at this time. Vo COMMUNICATIONS: Oral from the Audience Mr. Glazier spoke up from the audience on the item of a proposed Public Hearing for an annexation request. The Mayor informed him that any annexation would be considered, although there was no way of knowing in advance just what a final decision would be. Another gentleman from the audience wanted to know if the Council was doing anything about the dog control problem. The Mayor replied that this was a County function, although the City had an ordinance known as the "lease law", to which a lady in the audience stated nothing was being done about dogs running free as long as they had a muzzle. Roble agreed with the citizens there was a problem, and the Mayor referred this matter to the Public Service Committee. VI. COMMUNICATIONS: Written McCannon moved to accept the minutes of the Ashland Economic Development Commission of October 13, 1971 and place on file; Soderberg seconded; on voice vote, passed unanimously. -3- Regular Meeting Ashland City Council November 2, 1971 VI. COMMUNICATIONS: Written (continued) City Administrator Almquist gave the background and read letters from the Public Power Council requesting contributions from the City of Ashland for a Liquid Metal Fast Breeder Reactor Demon- stration Plant (LMFBR). It was suggested that a kw/hr. tax be levied to create funds for this research and development program. Under the proposal, Ashland's share would be $22,500 over ten years. Roberts moved to instruct the Cit~ Administrator to decline for the second time. Willstatter seconded. Roble felt this was part of the electric generation problem. The Mayor asked exactly what was the purpose of the project. The City Administrator stated that, eventually, there would be a shortage of power in the North, and this project would set up a demonstration plant by contributions to a national Research and Development Fund. Roberts and Willstatter withdrew their motion and second in order to allow additional study on the matter. The Mayor deferred it to the Finance & Property Committee. A letter from Howard Kelley, 543 Scenic Drive, was read relative to a nuisance with weeds on property across the street. Fire Chief Reed stated that he and the Fire Marshal had contacted the property owner, who had verbally agreed to take action on the .matter within two weeks of the date of complaint. Soderberg moved to accept the letter and place on file; Willstatter seconded; on voice vote, passed unanimously. VII. SPECIAL AGENDA 'ITEMS: A. There was no unfinished business. B. New & Miscellaneous Business: 1. Dr. Stewart Johnson of the Economic Development Commission gave a presentation to the Council on a proposed study by the S.O.C. Regional Development Center on the ~mDact of various .~ growth patteTns on the community. Regular Meeting Ashland City Council November 2, 1971 VII. B. 1. (continued) Dr. Johnson stressed the importance of seeking professional assistance for the study. He noted there were four areas (cultural center; expansion of SOC and development of the art college; light, clean manufacturing; or warehouse or distribution centers) which would have quite an impact on the City of Ashland, and a guide was needed on the feeling of the majority of citizens insofar as population composition, general feasibility of growth patterns, and service demands. He felt there was a great need to know the support for housing and financing of any ventures. In reply to a question from McCannon, Dr. Johnson stated that the Planning Commission supported the program. Roble asked what the cost to the City would be, to which it was stated $3,800. Dr. Johnson pointed out that the results of this study would be available to the Council, the Chamber of Commerce and others. McCannon felt there was a great need for this study, and so moved for approval to authorize it. Roberts seconded for discussion, although he was reluctant to do another study. Dr. Johnson pointed out the qualifications of the SOC Center, and felt the work they had done was good. He didn't just want to "sit on the budget annually", but make the funds work for the benefit of the City. Willstatter pointed out he had valid points, but they were now "sitting on one study" and funds should be used to make the Mistletoe Rd. property saleable. To this, Dr. Johnson replied that there would have to be the support of the community before the property would be of value s industrial land. Willstatter felt that the sewerage study had information, and that the people in the business community who provided funds through the Business License Tax should at least be contacted. Dr. Johnson pointed out that comments received from segments of the community indicated they felt some types of industry may be obnoxious, and that certain opinions have led to a company's decisions not to locate in Ashland. Mr. Jim Morris, a new Ashland resident, spoke up from the audience. He felt the we were not studying the right problem, and that the City was trying to urbanize the valley. Dr. Johnson stated that this report would include impact of housing and construction, and total planning. Roble thought the whole matter should be studied further. Soderberg could not "see" the study at the present time and wanted more specifics about it and the credentials of the Regional Center. Regular Meeting Ashland City Council November 2, 1971 VII. B. 1. (continued) A lady from the audience, Mrs. Thompson, felt the money should be used to fix streets, not for a study. Willstatter and Roberts withdrew their motion and second, and the Mayor referred the request to the Finance & Property Committee for a recommendation. Council members stated the idea was good, but the matter needed further study. Items 2 through 6 were requests fbr Liquor License renewals and had been approved by the Police Department. Roble moved that the applications by approved to the Oregon Liquor Control Comm- ission; Soderberg seconded; on roll call, passed unanimously for the following applications: 2. Pioneer Shopping Center at Oak and "A" Streets. 3. Log Cabin at 41 E. Main Street. 4. White House Market at 372 North Main Street. 5. Meister's Buy-Rite Market at 1.495 Siskiyou Boulevard. 6. Sonth Side Market at 1600 Ashland Street (change of ownership application). City Administrator Almqujst present'ed four addjtjona] requests which had been received, and also been satisfactorily checked by the Police Department. Safeway Market, Siskiyou and Sherman Streets. 8. Bob C1~b,347 E. Main Street. 9. Hil]ah Temple,..51 Winburn Way. 10. Lithia Grocercy, 47 N. Main Street. Willstatter moved to approve the applications to the Control Commission; McCannon seconded; on roll call, unanimous ly. Oregon Liquor passed (The Mayor called a short recess at this time). C. Ordinances, Resolutions & Contracts: City Administrator Almquist gave the first reading of an Ordinance amending Ordinance No. ].578 (as amended by ance No. 1587) to expand the area having two-hour parking limitations and to delete certain areas daring certain months; and dec]aring. an .emergency. Almqujst noted this ~gular Meeting '!land City Council ~_~ember 2, 1971 VII. C. 1. (continued) would delete two-hour parking on "C" Street during off-season (Shakespeare) months and impose a two-hour parking l~mitation on the City-owned lot at the Lithia Park Extension Project. Willstatter moved to pass the ordinance to a second reading; SodetherS seconded; on roll call, passed unanimous ly. City Attorney Salter gave the background on the proposed Ordinance relating to detentiQn and threshold inquiry by Police officers; making it unlawful to resist such detention; repealing Section 26 of Ordinance No. 1600 which related to loitering and prowling; and declaring an emergency. Salter noted that this would provide the Police Dept. ~ith the right to stop someone, question and, if necessary, detain them for a period of up to two hours in order to determine if they were wanted on any other charges. No arrest would be made, therefore no record results, giving the benefit to both parties. In answer to a question from Roble, Chief of Police Hays said this Ordinance was just a tool, and he couldn't see why any law-abiding citizen would object to it. Willstatter questioned the phrase. "...or is about to commit a crime". Salter pointed out this covered intent, and allowed the Police to check, rather tham have their hands tied until a crime was actually committed. Willstatter felt this section could be used for harrassment, to which the City Attorney stated detenti6n had to be under "reasonhble grounds". Salter pointed out that Phoenix and Medford had been using the Ordinance for a couple of years with no problems. After the City Administrator gave the first reading of the proposed Ordinance, McCannon moved to pass to a second reading; Roble s~conded. Allen Traister, of lll Third Street, introduced h~mself to the Council as the party who challenged the ordinance which had been declared unconstitutional. He felt this proposed ordinance ~ould be challenged for the same reasons (vague; unreasO~able discretion given to a police officer; and the need for suc]~ a law, since there were numerous laws presently on the books which gave policemen the right to arrest). He wanted the Cou~cil to think of the implications. ~alar Meeting Ashland City Council November 2, 1971 VII. C. 2. (continued) City Attorney agreed that wording was vague; however,.he pointed out that a civil suit could be brought against the officer for mis-use of this Ordinance and money could be awarded for "damages". Mr. Jim Morris of 140 Lincoln Street opposed the proposed Ordinance on several counts: he questioned the right to search and seizure of items on the person, or in his car, or even his home; he felt anyone could be taken to the police station for harrassment; he questioned successive detentions. To this, Salter pointed out t~ere was a provision prohibiting detaining a person over two hours should no arrest be made within that period, and that the citizen had a strong recourse if they felt their personal liberty was jeopardized. On roll call; McCannon, Roble, Roberts - YES; Soderberg, Willstatter - Abstain. Passed to a second reading. City Administrator Almquist gave the second reading of an Ordinance amending Ordinance No. 1657, the Sign Ordinance for the City of Ashland. Soderberg moved for adoption; Willstatter seconded; on roll call, passed unanimously. After second reading of an Ordinance amending Ordinance No. 1376, the Plumbing Code for the City of Ashland, Soderberg moved for adoption; Willstatter seconded; on roll call, passed unanimously. Almquist gave the second reading of an Ordinance amending Ordinance No. 1394, pertaining to wrecked, junked, dismantled or abandoned motor vehicles; limiting parking of dismantled and inoperable vehicles; and declaring an emergency. Willstatter moved for adoption; McCannon seconded. Roble questioned whether another item should be included in this ordinance or another prepared, regarding vans used for living quarters, but parked on City streets. After much discussion, the Mayor referred the matter to Streets & Traffic Committee. On roll call, passed unanimously to adopt the Ordinance. -8- ular Meeting __ .land City Council November 2, 1971 VII. C. 6. City Administrator Almquist read a resolution relative to the acquisition of certain real property located on Homes Avenue from the Cemetery trust Fund for park purposes. Under suspension of the rules, Soderberg moved to pass it to a second reading by title only; McCannon seconded. Roble urged the Council to take a second thought on this action; he felt it was a giveaway. Willstatter said the property was nm~ in the hands of the City; he felt the Council should unshackle the Parks Commission and allow them to acquire property and accept donations. George Jones of 1336 Madrone stated that whenever the City had property for sale, they should value it on the income it would bring for the purposes it would have been used for. He felt the sales from remaining cemetery property would net bring enough to maintain cremations now or later. Almquist pointed out that (using approximately 100 graves/year) it would take 10S years to recover expenses. Dave D'Olivio, Chairman of the Parks CommisSion, asked just who the land was being given away to? It was being put back into the living part of the community. He pointed out that this area had been designated by the Planning Commission as a park area; the Lithia Park extension was going to cost money and the Commission wanted a useful, active park and recreation area. D'Olivio stated the Council was concerned with drugs and keeping kids off the street, so they should make a positive decision now. McCannon noted that this property was adjacent to an elementary school and suitable for a park, not cemetery purposes. Mr. Glazier from the audience told the Council this area was being used by the Little League at present and caused litter and noise. Mrs. Thompson agreed with him. On roll call, Willstatter, Roble NO; McCannon, Roberts and SoderbeYg - YES. Almquist gave the second reading by title only. Roble moved to deny the resolution; Willstatter seconded; on roll call, Roble, Willstatter - YES to deny; McCannon, Roberts and Soderberg - NO. McCannon moved for adoption; Roberts seconded; on roll call, Soderberg, McCannon and Roberts YES; Willstatter, Roble - NO. Resolution passed. At this time, the Mayor called for a short recess. ~lar Meeting Asnland City Council November 2, 1971 VII. C. 7. City Attorney Salter gave background information on a resolution establishing the maximum penalty for violation of Ashland ordinances or resolutions relating to traffic and parking. City Administrator Almquist said this only pointed out the need for codification of all City ordinances and resolutions, then gave first reading of the resolution. Soderberg moved for second reading by title only (under suspension of the rules); Willstatter seconded; on roll call, Roble.- NO; all others, YES. Almquist read by title only; Soderberg moved for adoption;-McCannon seconded; on roll call, passed with Roble dissenting. AlmqUist gave the first reading of a resolution establishing vehicle regulations pertaining to traffic in the Lithia Park Extension area. Roble moved to pass to a second reading by title only, under suspension of the rules. Willstatter seconded; on roll call, passed unanimously. Almquist read by title only; Roble moved for adoption; McCannon seconded; on roll call, passed unanimously. City Administrator Almquist gave the first reading of a resolution accepting the work on Phase I and II of the O.S.F.A. Expansion Project, completed with the assistance of the Economic Development Administration, U. S. Department of Commerce, U.S.A., under the terms of Public Law No. 89-136. Under suspension of the rules, ~{cCannon moved to pass to a second reading.by title only. Willstatter sedonded: on roll call, passed unanimously. Almquist read by title only. Willstatter moved for adoption; Soderberg seconded. Roble pointed out that there was quite a bump on the parking lot exit, and asked whether the contractor could rework this before .accepting the resolution. The Mayor question whether the work was up to specification and if the staff had made an inspection. Almquist stated that the contractor had worked to plans and could not be reworked. He also pointed out the monies could not be received without the resolution. On roll call, passed unanimously. 10. Almquist gave on the Lithia assistance of the first reading of a resolution accepting work Park Extension Project, completed with the the Department of ttousing and Urban Development, ular Meeting .. _land City Council November 2, 1971 VII. C. 10. (continued) United States of America, under the terms of Title VII of the Housing Act of 1961, as amended. McCannon moved to pass to a second reading by title only, under sus- pension of the rules; Roble seconded; on roll call, passed unanimously. Almquist read by title only; Willstatter moved for adoption; Roble seconded. On roll call, passed unanimously. 11. City Administrator Almquist gave the first reading of a resolution expressing appreciation to E. E. "Pink" McGrew for service on the Ashland Pa~ks Commission and Citizens Budget Committee. Willstatter moved to pass to a second reading by title only; Soderberg seconded. On roll call, passed unanimously. Almquist gave the second reading, by title only. McCannon moved for adoption; Willstatter seconded; on roll call, passed unanimously. 12. Almquist gave the first reading of a resolution expressing appreciation to the Ashland City Employees and Mr. Bill Richey, Project Supervisor, for completion of the Lithia Park Extension Project. Under suspension of the rules, Sod~rberg moved to pass to a second reading by title only; Willstatter seconded; on voice vote, passed unanimously. Almquist read by title only; Roble moved. for approval; Willstatter seconded. On voice vote, passed unanimously. At this time, Councilwoman Soderberg made a motion that the staff be directed to prepare a list for capital improvement.programs for the City of Ashland. These were to include the projects needed to be completed, length of time necessary t6 complete, etc., in addition to new programs. Each department head was to be instructed to submit a list of priorities, and these were to be compiled and presented to the Council for study. The Council was then to call a public forum to discuss these with the community. Roberrs seconded; on voice vote, passed unanimously. Roble moved for adj'ournment; Roberts seconded, There being no further business, the meeting was adjourned at ll:iS p.m., subject to the call of the Mayor. Respectfully submitted, W. E. Bartelt City Recorder /nck