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HomeMy WebLinkAbout1970-0120 REG MINMINUTES FOR REGULAR MEETING ASHLAND CITY COUNCIL JANUARY 20, 1970 The regular meeting of the City Council was held in the Council Chambers of the City Hall on the above date. The meeting was called to order by Mayor McKeen. All Councilmen were present. MAYOR'S APPOINTMENT OF CITIZEN COMMITTEES: Mayor McKeen made citizen committee appointments at this time. list of the appointments is on file in the City Administrator's Office. A APPROVAL OF MINUTES: Councilman Haines suggested that the following correction be made to the January 6, 1970, minutes: Page 2, paragraph 1, "Coordinator Soderberg requested that action on the matter be deferred pending review by the Development Commission;" Haines indicated the statement was made following the roll call on motion, rather than before the roll call. It was moved by Haines, seconded by Willstatter that the minutes of January 6, 1970, as corrected, be approved. Motion carried unanimously. DEPARTMENTAL REPORTS: Councilman Willstatter asked if a report had been received from Oak Knoll Golf Course. There was some discussion regarding this question. Mayor McKeen indicated a request would be made for a report from the golf course. It was moved by Bailer, seconded by Haines that the departmental reports for the month of December be approved and placed on file. On roll call, carried unanimously. STANDING COM~IITTEE REPORTS: a. Finance & Property Committee - No report b. Public Service Committee - No report co Streets & Traffic Committee - No report SPECIAL COMMITTEE REPORTS: Councilman Haines asked if a report would be received from the Sign Review Committee on the proposed revision for the Sign Ordinance. City Administrator Boshears indicated he would distribute copies of the proposed revisions inmlediately following the Council meeting. Mayor McKeen pointed out he had referred review of the proposed revisions to the Developmcn~ Commission and Planning Commission and expects a report frcm them by the second meeting in February. COmmUNICATIONS: 1. City Administrator Boshears read a letter from the Oregon State Highway Department indicating that hearings had been scheduled ~or Council Minutes -2- January 20, 1970 February 18 and February 19, 1970, to discuss proposed construction of the Highway 66 railroad overpass. No action was taken. 2. Planning Commission Minutes of January 12, 1970 - It was moved by Haines, seconded by Jones that the Planning Conmission minutes of January 12, 1970, be accepted and placed on file. On roll call, carried unanimously. 3. Development Commission Minutes of December 19, 1969 - There was brief discussion regarding the final paragraph of the minutes. It was moved by Haines, seconded by Jones that the minutes of the Development Cojmnission meeting of December 19, 1969, be accepted and placed on file. On roll call, carried unanimously. It was moved by Willstatter, seconded by Bailer that the minutes cf the January 12, 1970, adjourned Council meeting be accepted. Motion carried unanimously. SPECIAL AGENDA ITEMS: Unfinished Business: ]. Appeal of Planning Commission's decision granting conditional use to Atlantic Richfield - City Administrator Boshears gave a brief review of the matter and introduced Mr. James Redden, attorney for Atlantic Richfield. Mr. Redden indicated he had supplied Council with a copy of his opinion, along with additional materials on the matter. Mr. Redden pointed out that the applicant is seeking a conditional use which has been anticipated by the comprehensive zoning ordinance since 1964. He indicated no spot zoning would be involved; it is not spot zoning to create a C-t zone in an area surrounded by a aifferent classification, when it is done in the comprehensiyS zoning ordinance (Ordinance 1361). Mr. Redden indicated that the City staff had been provided with a study and appraisal showing that there would be no serious challenge to the issue of peace or morals, etc. The study, made by Mr. Venekamp, indicates that there would be, in fact, an increase in property value if the service station were erected. Considerable discussion followed. City Attorney Skerry indicated that should Council deny the application for a conditional use permit, he feels the Court would sustain such action. He further indicated that should the Council grant the appli- cation, the Court would sustain the validity of the conditional use permit and would not interfere with the action of the Council so long as the issue is fairly decided. Mr. John Flynn, representing Mrs. Rose T. Robinett, asked to hear from Mr. Eastman, Atlantic Richfield, and the appraiser before making his presentation. City Administrator Boshears distributed copies of the appraiser's report to Council at this time. Council Minutes -3- January 20, 1970 Mr. Flynn pointed out that the Lincoln School PTA presented a petition expressing concern for the s~fety of the school children if the service station were constructed. He indicated that n~ighbors in the subject area also submitted a petition indicating the use of the property would be detrimental to the property values. Mr. Flynn pointed out that there is no need for the service station in that particular area. Construction of the station would be inconsistent with the Comprehensive Development Plan, inconsistent with previous requests for conditional uses on the Boulevard and inconsistent with review of the Comprehensive Plan which was made five months prior. He ~ndicated that the Comprehensive Zoning Ordinance is unconstitutional and invalid because the zoning of the subject area to C-1 had no relationship to proper health, welfare and morals of the community. Granting of the conditional use of this property for a service station would create an island devoted to a conditional use without showing that this is necessary to the needs of the neighborhocd and community. Following some discussion, it was moved by Roberrs, seconded by Bailer to uphold the Planning Commission's decision of November 10 and to deny the appeal of Mrs. Rose T. Robinett subject to the provisions and restrictions outlined by the Planning Commission. City Administrator Boshears pointed out that Mr. Flynn's statement that Lincoln School PTA went on record as opposing the service station was not entirely correct--the Board of Directors of Lincoln School PTA submitted the petition. Haines indicated he would vote against the motions. He expressed concern for the pedestrain safety around the schools. He also pointed out that the proposal does not meet the criteria of improving property values. Mrs. Marilyn Briggs, 590 Glenview Drj_ve, pointed out there would not be as much traffic from the apartments located in the present structure as there would be from a service station. On roll call, carried 3-2, with Haines and Jones dissenting. 2. Ordinance establishing Paving Assessment District #35 - It was moved by Roberts, seconded by Bailer that the rules be suspended and ordinance establishing Paving Assessment District #35 be passed to second reading by title only. It was pointed out that the ordinance should be read before a motion is made. Roberts with- drew his motion and Bailer his second to the motion. Following reading of the ordinance by City Attorney Skerry, it was moved by Roberts, seconded by Bailer that the rules be suspended and ordinance establishing Paving Assessment District #35 be passed to second re~ding by title only. Mrs. Grace McCullough, 397 Terrace Street, asked how the improvement cost to her street could vary from $8.67 to $10.99. Public Works Director Alsing indicated that the contractors specify the price involved for individual streets. He then explained how Council Minutes -4- January 20, 1970 the City calls for bids in units. Mrs. McCullough indicated she is bein~ tax on another property owner's street. followed. forced to pay the property Considerable discussion Mrs. Kenneth Darling, 1988 Mohawk, indicated she had received a letter from the City that estimated the cost for the improvement of her s~reet to be approximately $10 per running foot assessed to each abutting property owner. She indicated she was assured that it would be an average assessment for everyone. Mr. G.H. Smith indicated he was under the impression that the cost per front foot would be $9 or less. Considerable discussion followed. On roll call to pass ordinance to second reading by title only, carried 4-1, with Jones dissenting. Following second reading by title only, it was moved by Haines, seconded by Willstatter that Ordinance No. 1637 be adopted. On roll call, carried 4-1, with Jones dissenting. 3. City Administrator Boshears presented bid tabulations for petroleum products to Council and indicated it was staff's recommendation that low bids for each item be accepted. The bid tabulation, dated January 20, 1970, is on file in the City Administrator's office. It was moved by Roberts, seconded by Bailer that award of bids be made to low bidders per tabulation presented. On roll call, carried unanimously. 4. City Administrator Boshears indicated that staff had received one bid for a heavy-duty trailer and recommended awarding of the bid to Western Equipment Company of Eugene - $2,585 with 30-day delivery. It was moved by Bailer, seconded by Willstatter that staff's recomm~endation be approved. On roll call, carried unanimously. New & Miscellaneous Business: It was moved by Jones, seconded by Willstatter that Mrs. Margaret Dodge be nominated to fill the vacancy created by Robert O'Harra. The following discussion took place regarding the nomination: Councilman Roberts "I was prepared to ask that the matter of appointment of a new councilman be tabled until a later meeting. My reasons would have been that I do not fee] at this time-that the Council has done a sufficiently thorough job in evaluating this appointment and I do not feel this appointment should be made this evening. I do not wish to cause any embarrassment to Mrs. Dodge. I do feel that, by tsking this action, we would be performing a disservice to the conmunity by making the appointment without some further consideration. This decision was arrived at by the five City Councilmen who comprise our Council--I was one of them. I would further point out that Mayor McKeen, through either some foul up or preconceived intent, was not present at that particular meeting. I would further point out that, as near as I can tell, three of the five Councilmen, ~ncluding myself, were not particularly Council Minutes -5- January 20, 1970 familiar with Mrs. Dodge. I would not recognize her if she walked down the street. I am not alone in this situation. My reason for intending to ask that this matter be tabled is that I felt personally that we could not in all sfncerity vote for someone to serve on the Counci~ which I regard as a very important function, without having the opportunity of meeting the individual and discussing her viewpoints as they apply to the City. For this reason and others, I would at this time clearly indicate that we should oppose this nomination. It would be presumptuous of the Council to make this appointment without clearly having some discussion with Mrs. Dodge and further considering other people who might be eligible and should be considered. I do not intend to embarrass my colleagues on the Council or to embarrass Mrs. Dodge." Mr. Willstatter indicated that he has confirmed many appointments made by the Mayor without knowing the persons involved--merely taking the word of others. He further indicated that Council had contacted several other people and it was the unanimous decision of the Council to nominate Mrs. Dodge. Mr. Roberrs indicated he did not think the Council had come to any unanimous decision until it has been voted upon at a Council meeting. Mr. Jones asked that Mrs. Faith McCullough give her opinion about Mrs. Dodge's capability of serving on the Council. Mrs. McCullough indicated that Mrs. Dodge would serve the community in its best interests; however, she travels a great deal and probably would not be available for the many meetings required by Council. Some discussion followed. Mayor McKeen - "Who said they had a meeting last night and decided this nomination . what ~as the origin of the meeting and place; who called it?" Mr. Jones - "The meeting was held at Cascade Products and I was told by Mr. Haines where we would meet and we sat there for quite some time discussing about nine people." Mayor McKeen -"Who called the meeting?" Mr. Jones - "I don't know." Mayor McKeen - "Was it a secret meeting?" Mr. Jones - "No." Mr. Haines - "Was it necessary that anyone know about it? Was it a Council meeting?" Mayor McKeen - "Did the Mayor call this meeting?" Mr. Haines - "No, I have no published notification of the meeting." Mayor McKeen - "I don't think you did. I do question secret meetings of the Council and I do know that if segments of the Council continue Council Minutes -6- January 20, 1970 to have secret meetings as it has in the past to decide things so the public does not get to hear them and they are not published and the people are not aware. of what is going on, you are going to have something to be ashamed of." Mr. Bailer - "I gave information to the news media this morning and told them nothing was decided. I personally spent quite a few hours on the phone talking to various people in the city; talking about opinions on this." Mayor McKeen - "Was there a member of the news media at the meeting?" Mr. Bailer - "Did we not have a meeting just recently without news media present, just a little while ago?" Mayor McKeen - "Such meetings are called by the Mayor. The meeting last night was not. My point is not that the meeting last night was not artended by the news media, but it is that the meeting was attended by all but one of the Council. The rest of the Council was waiting at a certain place to have a meeting while this Council met at another place." Mr. Willstatter - "As you recall, we did have a meeting which you at/ended. At that point, there was some discussion about another meeting being scheduled for Monday night. The indication was'that the meeting would be held at your bank or at Cascade M.D. I arrived at Cascade M.D. and found the whole Council there with the exception of you." Mr. Roberts - "I am not suggesting that there was a secret meeting because I was in attendance at that meeting. I am only suggesting that the charter charges the Council with the responsibility of selecting a successor to fill a Council vacancy; and I did suggest that the Mayor be included in these deliberations as being part of the Mayor/City Council team. I think certainly the custom in the past has been for the Mayor to participate in the discussions and be knowledgeable about selection of a councilman. I see nothing wrong with that procedure. I think he should have been aware of the decision of the Council in this matter." Mayor McKeen - "I should have found the meeting in time to sufficiently adjourn it because, in my opinion, there is no place for such secret meetings of this Council and, particularly, if the purpose of such meetings is to find ways to disrupt or confuse ordinary business of the Council. If such meetings continue, you will soon have something to be ashamed of." Mr. Richard Cottle requested that the Council consider withdrawing the motion to pass on the nomination if, for no other reason, but for Mrs. Dodge's sake. Mr. Jones - "I do not wish to withdraw my motion. Last night's meeting was no secret meeting and I thought you (~4ayor) might be there." Council Minutes -7- January 20, 1970 Mr. Roberts - "I sincerely felt today, in my own mind, after attending the meeting last night, that I had some reservations about voting in a Council meeting about someone who I do know know. I don't want to embarrass Mrs. Dodge." It was moved by Haines, scconded by Bailer that the nominations be closed. On roll call, carried 4-1, with Roberts dissenting. On roll call on motion to elect Mrs. Dodge as Councilwoman, carried 4-1, with Roberts dissenting. Ordinances, Resolutions & Contracts: 1. Ordinance establishing new Bancroft interest rate until next regular meeting. Item deferred 2. Resolution approving Housing Authority to operate in Ashland - second reading - City Administrator pointed out that, at the last regular meeting, the resolution was referred to the Development Conm~ission for review. Following review of the resolution, the Development Conm~ission recommended inclusion of two additional sections: (2) "The City of Ashland reserves the right to require, receive and review information, including any surveys made or housing standards developed, as to the need and acceptability for Section 23 of the Housing Act of 1937, as amended to operate in the City of Ashland." (3) "The City of Ashland reserves the right to develop and initiate its own Section 23 program at such time as it is deemed necessary in the best interest of the citizens of Ashland as determined by the Common Council." Consideration discussion followea~ Mr. Richard McDaniel, 277 Almond Street, requested that the Couucil act favorably on the resolution at this time since there is little question of the need and assistance needed from this housing authority. Following more discussion, it was moved by Haines, seconded by Bailer that the resolution as proposed, less Section 3, be passed to second reading. Following brief discussion, Haines amended his motion that the rules be suspended and resolution, less Section 3, be passed to second reading by title only. The amended motion was seconded by Bailer. On roll call, carried unanimously. Following second reading by title only, it was moved by Haines, seconded by · Bailer that the resolution be adopted. On roll call, carried unanimously. 3. Resolution recognizing the City of Ashland Employees Association - City Administrator Boshears reported that the Executive Board,of the Employees Association recently met with the Council to discuss organization and bylaws of the Association. He indicated that the Association currently has 67 percent membership of the eligible City employees and is registered as a non-profit organization with the State of Oregon. City Attorney Skerry read the resolution. endorsing the organization of the City of Ashland Employees Association. it was moved by Haines, seconded by Willstatter that the rules be Council Minutes -8- January 20, 1970 suspended and resolution passed to second reading by title only. On roll call, carried unanimously. Fqllowing second reading by title only, it was moved by Haines, seconded by Bailer that the resolution be adopted. On roll call, carried unanimously. City Administrator Boshears commended the employees for their efforts in the organization of this Association. Mayor McKeen expressed the appreciation of the Council for the spirit of cooperation extended by the Employees Association. 4. City Attorney Skerry read resolution expressing gratitude of the Common Council to Robert O'Harra for his dedicated service on the Council. It was moved by Haines, seconded by Jones that Council adopt the resolution by acclaimation. Motion carried unanimously. There being no further business, the meeting was adjourned subject to the call of the Mayer. 1cr W. E. Bartelt City Recorder