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HomeMy WebLinkAbout1970-0203 REG MINMINUTES FOR REGULAR MEETING ASHLAND CITY COUNCIL FEBRUARY 3, 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. APPROVAL OF MINUTES: It was moved by Bailer, seconded by Rob6rts that the minutes of the January 20, 1970, regular meeting be approved. Motion carried Unanimously. DEPARTMENTAL REPORTS: There was some discussion concerning Ashland Community Hospital Balance Sheet. It was moved by Willstatter, seconded by Bailer that the Balance Sheet be accepted and placed on file. On roll call, carried unanimously. STANDING CO~IITTEE REPORTS: a. Finance & Property Committee - No report bo Public Service Committee - Chairman Haines reported that the group discussed placement of telephone booths on public preperty in Ashland by Pacific Northwest Bell Telephone Company. The committee referred design of the booths to the Ashland Development Commission with the stipulation being that the commission choose a pedestal type booth. At this time, City Attorney Skerry read an ordinance granting a revocable permit to Pacific Northwest Bell Telephone Company to install, maintain and operate public telephone booths at various · locations on city property and city streets. Considerable discussion followed. It was moved by Haines, seconded by Bailer that the rules be suspended and ordinance passed to second reading by title only. On roll call, carried ~nanimously. Following second reading by title only, it was moved by Haines, seconded by Roberts that Ordinance No. 1638 be adopted. On roll call, carried unanimously. c. Streets & Traffic Committee - No report SPECIAL COM~IITTEE REPORTS: Mayor McKeen reported that the Council met as a committee of the whole tO discuss various committee and staff appointments. It was moved by Haines, seconded by Roberrs that the Mayor's Council assignments and appointments be approved. On roll call, carried unanimously. Roberts moved that Council d'onfirm the Mayor's 1970 Citizen Committee Reports. The motion died for lack of a second. Haines pointed out that it is not proper to have the Library Board listed with the other citizen committees since the Mayor and Council has no voice in the appointment of this particular board. City Administrator B~shears ~ .... cil Minutes February 3, 1970 Page 2 pointed out that the appointment of Mr. Harold Cloer to the Library Board resulted from a direct recommendation of the Library Board. He further pointed out that it has been the City's policy in the past to include the Library Board on the committee list in order to have a complete list of all commissions, com/nittees and boards currently in effect. Roberts moved for confirmation of the Mayor's 1970 Citizen Committee Appointments excluding the Library Board. At this point, Mr. Willstatter voiced his objection to Mr. Lewis serving on the Citizens Budget Com- mittee. He pointed out there would definitely be a conflict of interests. As an example, he explained that the City endeavored to obtain in lieu of tax payments from the cellege last budget year. Roberts indicated he failed to see any conflict of interest involved in Mr. Lewis' appointment. City Attorney Skerry pointed out that, under the City Charter, no conflict of interest would. be present in Mr. Lewis' appointment since he would not be entering into any contracts with the City; the Budget Committee is strictly a recoilending body. Haines indicated that, during the budget deliberations last year, use of the college pool for the recreation program was included a~ an increase in price and the City later entered into a ~n~ct--thus, a conflict of interests. City Administrator Boshears pointed out that the Budget Committee cannot approve any centract and has no legal right to enter into any contract. Mayor McKeen indicated that he made several appointments with the thought that a former chairman of a particular committee would be a valuable asset to that committee the following year and would provide continuity in decision making. (Matter continued following 8 p.m. public hearing) SPECIAL AGENDA ITEMS: Unfinished Business: 1. ~:00 P.M. PUBLIC HEARING: continued - Curb, gutter and paving of Oak Court Subdivision - City Administrator Boshears gave some background on the matter. Public Works Director Alsing reported that he met with all but four of the property owners involved in the improvement of Oak Court Subdivision. The determination was made by the group that if the City could get Oak Street south of Oak Court to agree to pave, then the City would approach the other four property owners involved and indicated that the remainder of the property owners would, under those circumstances, be willing to contribute over and above their normal assessment to offset the assessments on the rear lot lines of the lots o~vned by Tolliver and Boyd. Some discussion followed. Mr. Alsing indicated it was staff's recommendation tha~ the hearing be closed at this time because the Council will probably be acting on a new and separate petition; he requested authorization to proceed with circulating.a petition in the subject area. It was moved by Haines, seconded by Willstatter that the hearing on Oak Court Subdivision curb, gutter and paving be closed and staff be directed to continue the efforts as outlined. On roll call, carried unanimously. Council Minutes February 3, 1970 Page 3 SPECIAL COMMITTEE REPORTS: (continued) Roberts' motion died for lack of a second. It was moved by Haines, seconded by Bailer that Council confirm Citizen Committee Appointments excluding the Library Board and the Budget Committee. At this time, Mr. Donald Pinhock suggested that perhaps Mr. Haines would also have a conflict of interests in his capacity as City councilman and professor at Southern Oregon College. He pointed out that Mr. Lewis has served three excellent years on the Budget Committee and several years as a City councilman and asked what conflict of interests were present during that time. Haines pointed out that SOC has failed to provide any campus arterial, in addition to ignoring the City's request for in lieu tax payments to the City for police and fire protection. He indicated Mr. Lewis is one of the two men in a position to make these decisions. City Administrator Boshears Fointed out that the request for in lieu of tax pa merits has never been made to the college, but was handled directly with the state legislature. Mr. Lloyd Selby expressed concern that objections are being raised to Mr. Lewis' appointment now instead of years ago. He indicated that he felt there must be something personal involved in this conflict with ~4r. Lewis. Mr. Sid Ainsworth was in agreement with Mr. Selby. He felt that. others who might be aske~ to serve on City committees in the future may be hesitant to serve in light of the apparent disagreement over Mr. Lewis' appointment. Mr. Don Cleaver agreed with the Mayor that continuity is necessary, especially on the Budget Committee. He suggested that lack of continuity last year may have accounted for the confusion experienced during budget deliberations. On roll call on Haines' motion that Council confirm Citizen Committee Appointments excluding the Library Board and Budget Committee, carried 5-1, with Roberts dissenting. Roberts moved that City staff appointments for 1970 be approved. His motion died for lack of a second. It was moved by Haines, seconded by Jones that Council confirm. the appointments of Fire Chief William Roble and Police Chief Herb Hays. Following brief discussion, Haines withdrew his motion and Jones his second. More discussion fol'lowed regarding staff appointments. It was moved by Haines, seconded by Willstatter that the apFointments of the Municipal Court Judge and the Police Chief be confirmed. Council Minutes February 3, 1970 Page 4 City Administrator Boshears indicated that if there was some reason why Council would not confirm the remainder of the staff, it should be made known at this time. Mrs. Cynthia Lord expressed concern that Council had not r~ached some decision on this matter before coming to the meeting. Mr. Sid Ainsworth indicated there was an overtone that certain members of the Council had gotten together before the meeting and agreed to not discuss this matter tonight. Mayor McKeen indicated at a recent study session the Council was asked if there were any objections to these appointments he was told there were none. and It was moved by Willstatter, seconded by Bailer that the City staff appointments be accepted with the stipulation that they are subject to revocation if the office is not funded in the 1970-71 budget. On roll call, 3-3 with Dodge, Haines and Jones passing. City Attorney pointed out that unless Council consents to a passing vote by a Council member before the roll call, a passing vote constitutes a no vote. Considerable discussion followed. It was moved by Haines, seconded by Willstatter that Councilwoman Dodge be permitted to abstain on the~oticnOn roll call, carried unanimously. On roll call on Willstatter's motion that City staff appointments be accepted with the stipulation that they are subject to revocation if the office is not funded in the1970-71 budget, carried 5-0, with Dodge abstaining. COMMUNICATIONS: 1. City Administrator Boshears explained that notification has been received from the Public Utility Commissioner that the City has until February 10 to respond to the petition of Southern Pacific Company to amend Ordinance No. 34178. This amendment would provide that a train would be permitted to increase its speed after the lead locomotive had passed the last outbound crossing at a legal speed. It was moved by Bailer, seconded by Roberts that the City voice no objection to this amendment. On roll call, carried unanimously. Staff was authorized to notify the Public Utility Commission of this decision. 2. City Administrator Boshears presented a letter to Council from Mr. Leigh Johnson, President, Ashland Chamber of Commerce, thanking the City for its efforts inthe installation and removal of Christmas decorations and for installation of the banner welcoming skiers to Ashland. No action was taken. Council Minutes February 3, 1970 Page 5 SPECIAL AGENDA ITEMS: (continued) New & Miscellaneous Business: 1. It was moved by Haines, seconded by Willstatter that ~obert Nelson be appointed as Budget Officer. On roll call, carried unanimously. 2. It was moved by Willstatter, seconded by Bailer that a request for waiver of bond and license for a Demolay Dance be approved. On roll call, carried unanimously. 3. City Administrator Boshears indicated that petitions had been received from residents on Glenwood and Skidmore to have street lights installed on those particular streets. He requested authori- zation to transfer funds from another line item to provide for the requested street lights. Following some discussion, it was moved by Bailer, seconded by Jones that staff be authorized to draw funds from some other source to install street lights at these two particular locations. Considerable discussion followed. City Administrator Boshears read a letter from the residents on Skidmore expressing concern about the rising crime rate in that area. Police Chief Hays pointed out that the department has had quite a number of calls from that area and installation of str6et-lights would definitely help the situation. On roll call on Bailer's motion that staff be authorized to draw funds from some other source to install street lights, carried unani- mously. Ordinances, Resolutions & Contracts: 1. City Attorney Skerry read ordinance increasing the interest rate on Bancroft Bonds to 7 percent. It was moved by Haines, seconded by Bailer that the rules be suspended and ordinance passed to second reading by title only. On roll call, carried unanimously. Following second reading by title only, it was moved by Haines, seconded by Bailer that Ordinance No. 1639 be adopted. On roll call, carried unanimously. 2. City Attorney Skerry read ordinance calling a public hearing for vacation of a portion of Wisconsin Street and connecting alley. It was moved by Bailer, seconded by Willstatter that the rules be suspended and ordinance passed to second reading by title only. On roll call, carried 5-1, with Haines dissenting. Following second reading by title only, it was moved by Bailer, seconded by Willstatter that Ordinance No. 1640 be adopted. On roll call, carried 5-1, with Haines dissenting. The hearing was set for February 17, 1970, at 8 p.m. 3. Ordinance vacating portion of Quincy Public Works Director Alsing reported that the City has been asked by a property owner to clear up a surveying error made many years ago which established. Quincy Street with a jog in it. A map of the subject area was presented to Council. Some discussion followed. City Attorney Skerry revie~ed Council Minutes February 3, 1970 Page 6 the ordinance calling a public hearing on the matter. It was moved by Haines, seconded by Bailer that the ~ules be suspended and ordinance passed to second reading by title only. On roll call, carried unanimously. Following second reading by title only, it was moved by Willstatter, seconded by Haines that Ordinance No. 1641 be adopted. On roll call, carried unanimously. The public hearing was set for February 17, 1970, at 8:30 p.m. 4. City Attorney Skerry read resolution adopting Standard Bidders Construction Prequalification Form. Following brief discussion, it was moved by Haines, seconded by Bailer that the rules be suspended and resolution passed to second reading by title only. On roll call, carried unanimously. Following second reading by title enly, it was moved by Willstatter, seconded by Haines that the resolution be adopted. On roll call, carried unanimously. Mrs. Cynthia Lord presented a letter to Council. The letter was not read at this time and Mayor McKeen indicated he would distribute copies of Council. There being no further business, the meeting was adjourned subject to the call of the Mayor. lcr City Record~