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HomeMy WebLinkAbout1970-0421 REG MINMINUTES FOR REGULAR MEETING ASHLAND CITY COUNCIL APRIL 21, 1970 The regular meeting of the City Council was held in the Hillah Temple on Winburn Way on the above date. The meeting was called to order by Mayor McKeen. All Councilmen were present. APPROVAL OF MINUTES: It was moved by Roberts, seconded by Haines that the minutes of the April 7, 1970, regular meeting and April 10 and April 15, 1970, adjourned meetings be approved and placed on fiJe. Motion carried unanimously. DEPARTMENTAL REPORTS: It was moved by Haines, seconded by Bailer that the departmental reports for the month of March be accepted and placed on file. On roll call, carried unanimously. STANDING COMMITTEE REPORTS: a. Finance & Property Committee - No Report b. Public Service Committee - No Report c. Streets & Traffic Committee Chairman Willstatter reported that the committee met and discussed the following items: First Street Traffic Flow - The committee recommended that the flow of traffic on First Street be a two-way situation with parallel parking allowed on the bank side, allowing for eight parking spaces. It was pointed out that the Police Chief felt this situation would be advisable and weuld allow for much more flexibility. Public Works Director Alsing presented a map of the subject area and indicated that the project would cost approximately $500 of out-of- pocket cash. It was moved by Roberts, seconded by Bailer that the recommendation of the Streets & Traffic Committee be approved and staff be directed to implement the plan. On roll call, carried unanimously, ChairmAn Willstatter reported that a letter had been received from Mr. R. Freeman, 75 Wimer, requesting that his driveway be painted yellow and a private property sign installed on his property. The committee recommended that the City paint his driveway yellow; but that the private property sign be installed at his own expense, Chairman Willstatterrcported that two letters had been presented to the committee regarding fence variance and fence encroachment. The ccn,m~ttee recommended that the matters be referred to the Planning Commission for recommendation; with the idea that perhaps a general policy could be established in this regard. Mayor McKeen referred the matter to the Planning Commission. Council Minutes -2- April 21, 1970 Auburn Street paving and Union Street vacation were discussed by the committee. It was the recommendation of the committee that the subject vacation be approved; however, that paving be delayed until amajority of involved property owners are in favor of the improvement or have some recommendation regarding the matter. Chairman Willstatter reported that the Mountain Avenue contract is under study by the committee. Chairman Willstatter reported that staff had written to the National Safety Council'for information on the safety hazards involved in the use of exposed aggregate. Public Works Director AlSing indicated that a reply has been received from the National Safety Council advising the City to write to Portland Cement Company for information. A rep]y from Portland Cement has not been received at this time. Chairman Willstatter indicated that the committee had studied the Highway 66 overpass resolution and recommends approval with one change--that appreciation be expressed for allowing the YMCA to have a pedestrian walkway. The committee requested that the State Highway Department proceed with all due haste on this project. Following reading of resolution requesting that the Oregon State Highway Commission assign highest priority to construction of the Park Street to Tolman Creek Road section of Highway 66 in Ashland, Oregon; it was moved by Roberts, seconded by Willstatter that the rules be suspended and resolution 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 the resolution be adopted. On roll call, carried unanimously. Chairman Willstatter reported that the committee is awaiting a recommendation from the Police Department in regard to a recent request for street lighting. SPECIAL COMMITTEE REPORTS: City Administrator Boshears read a letter from the Bu~]ding Appeals Board which indicated that a motion was made at the last Building Appeals Board meeting to amend the City electric code by eliminating the requirement for conduit in multi-family residences outside of Fire Zone #1. Following brief discussion, it was moved by Bailer, seconded by Roberts that the ordinance be amended by staff and presented to Council for approval. On roll call, carried unanimously. SPECIAL AGENDA ITEMS: Unfinished Business: 1. 8 P.M. PUBLIC HEARING: Curb, gutter and paving of Elms Street from Leonard to Palmer Road - City Administrator Boshears gave a brief background on the matter. Public Works Director A]sing reported that 68 percent of the front footage property owners signed the petition in favor of the improvement. At this time, City Council Minutes -3- April 21, 1970 Attorney Skerry read ordinance ordering in curb, gutter and paving for the subject area. It was moved by Haines, seconded by Roberts 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 Bailer, seconded by Haines that Ordinance No. 1651 be adopted. On roll call, carried unani- mously. COmmUNICATIONS: Items 1, 2 and 3 - Haines suggested moving on to next item on agenda since the following three letters have already been published in the local newspapers: (1) Letter from William D. Keddie; (2) Letter from Vaughn D. Bornet; (3) Letter from Ashland Ministerial Association City Administrator Boshears reported that letters had also been received from the Oregon Shakespeareart Festival Association, Mr. George Pierson and Dr. Elliott MacCracken. Copies of the letters were distributed to Council previously. 4. It was moved by Ilaines, seconded by Bailer that the Planning Commission Minutes of April 13, 1970, be accepted and placed on file. On roll call, carried unanimously. 5. Coordinator Soderberg reported that the Development Commission had drafted a revised resolution regarding operation of Jackson County Housing Authority operation in Ashland (matter discussed later in meeting). He also reported that the Development Commission developed and adopted a budget; made recommendations on Morrow payment; made recommendations on sidewalk plans; requested that resolution be prepared for presentation to Council in regard to County Court parti- cipation in Litbin Park Project; agreed that Development Commission raise approximately $6,000 privately to improve the Plaza island and requested that the City provide services for said improvement, in addition to working drawings and specifications for the island improvement. It was moved by Haines, seconded by Bailer that the Development Commission Minutes of March 13, 1970, be accepted and placed on file. On roll call, carried unanimously. A~ this time, it was moved by Haines, seconded by Roberts that the Council agenda be suspended and resolution asking County participation in Plaza Project be reviewed by Council. Motion carried unanimously. Following reading of resolution expressing intent to complete the federa}ly funded Lithis Park (Plaza) Preject and requesting partici- pstion in said project b~ Jackson County, it was moved by Haines, seconded by Willstatter that the rules be suspended and resolution pa.sse~ to second readSng by title only. Following brief discussion, IDa roll call, carried unanimously. Following second reading by title on]y, it was moved by Haines, seconded by Bailer that the Council Minutes April 21, ].970 resolution be adopted. On roll call, carried unanimously. SPECIAL AGENDA ITEMS: (continued) 2. 8:15 P.M. PUBLIC HEARING: Curb, gutter and paving of Verda Street between Linda and Plaza Streets City Administrator Boshears indicated that background information on this item was included in the March 17 Council agenda. He pointed out that 90 percent of the front footage property owners signed the petition in favor of the improvements. A property owner on Verda asked if and when storm sewers would be installed. Public Works Director pointed out that the City's present policy is one of not assessing storm sewers and there are not sufficient funds to construct adequate storm sewers; the Council may wish to change this p61icy in the future. Following reading of ordinance ordering in curb, gutter and paving of Verds, it was moved by Roberts, seconded by Willstatter 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. 1652 be adopted. On roll call, carried unanimously. 3. Adopt specifications and call for bids for liability insurance Staff recommended that this item be deferred and staff ask for a 30-day extension on the present policy. It was moved by Bailer, seconded by Willstatter that staff be advised to follow through on this recommendation. Hsines asked for explanation of proposed delay. City Administrator Boshears indicated he would be happy to discuss the matter with the present insurance carrier, Council and the Finance Director. On roll call, carried unanimously. COMMUNICATIONS: (continued) 5. Developmevt Commission Report - Coordinator Soderberg reported that, in a special meeting of the Development Commission, the following items were disucssed: (a) Final payment request on part of Morrow, Inc. letter has been received from the architects and recommendations made: contractor. A the following (i) The project is nearly 100 percent complete, except for ,punch list items, approximately $6,000 in special items and approximately $1,000 in credits for cash allowance items which have not materialized in cost. The Developmcnt Commission recommends approval of final payment subject to recommendations of architects, subject to withholding of an estimate of payment~ on items not yet complete and subject to recommendations of OSFA and City attorneys in this case. (2) Development Commission recommends that the working drawings for Phase II be approved. Includcd in the drawings are the following: remodeling of Institute of Renaissance Studies office, administration offices, Chamber of Commerce building, Cou,~cil Minutes -5- April 21, 1970 exhibit hall, scene shop facilities, parking lot and walk- way systems, construction of pedestrian walkway from East Main Street to Dr. Hill's office and Fortmiller's Department Store and service driveway between the Mark Antony and Ashland Flower Shop. It was recommended that Phase II be put to bid as soon as it can be advertised--approximatel~ 30-32 days. Coordinator Soderberg reported that these items had been approved by the Commission and the Commission would like Council recom- mendation at this point. Following considerable discussion regarding the items proposed by the Development Commission, it was moved by Haines, seconded by Bailer that the City authorize the release of the final 10 percent retainage on trte contract lease less the cost of the yet uncompleted items subject to approval by the architects and attorneys. On roll call, carried unanimously. It was moved by Bailer, seconded by Willstatter for approval of the working drawings for Phase II and staff be authorized to put them to bid as soon as they can be adver- tised. On ro]l call, carried unanimously. Following second reading by title only of resolutio~ expressing appreciation to the Charter Revision Committee and the League of Women Voters for their work on the revised charter, it was moved by Haines, seconded by Willstatter that the resolution be adopted. On roll call, carried unanimously. Ordinances, Resolutions & Contracts: 1. Resolution anthorizix~g Jackson County Housing Authority to operate in the City of Ashland - City Administrator Boshears indicated he had received a letter from the dackson County Housing Authority just prior to this meeting which stated that the Housing Authority has decided to reject the proposed amended resolution because it is not in keeping with their com- mitment to the other municipalities which have authorized such operatim. Haines pointed out that the amended resolution was recommended for Council approval by the Development Commission and the amendment merely provides that the City of Ashland may have access to Housing Authority files in regard to planning, etc. He felt it strange that the City would be denied access to information of a non-confidential nature to assist in future planning for the City of Ashland. City Attorney Skerry expressed concern that the matter was being blown out of proportion; he felt the resolution should be submitted to the Housing Authority ~zxcludi:~.g the controversial Section 2. Reference was made to a letter rccciYed from tl~e Housi~g Authority indicating that pertinent infor~ation would be available to the City uponx~sor~4~le~nqu~st. Mr. Edd Rountree, Ashland DeYelop:nent Commissioner, pointed out that the Coinmission just wanted to know what the Housing Authority was going to do once it came into Ashland and they have not indicated such at this time. Cooncil Minutes -6- April 21, 1970 Mr. Sid Ainsworth, Development Commission, indicated he was in favor of the Authority operating in Ashland. FIe felt that the citizens on a fixed income deserved this service. There was some discussion regarding the landlords' participation and proposed profit if this program were initiated in Ashland. There was some discussion between Mr. Ralph Eaton, Executive Director of Housing Authority and Mr. William Hampton, local realtor, regarding bring the rental housing up to code and the expenses involved, etc. Mr. George Pierson suggested that the Council make an assessment of the opinion of the people in the audience on this matter. Mayor McKeen pointed out that the Council will take action on the matter, according to the responsibilities designated to them as a City Council. It was moved by Roberts that Council accept the standard form of reSoLution with the Housing Authority of Jackson County. City Attorney Skerry pointed out that Council could rescind the proposed resolution at a future time; and, if that were the case, the program could be eventually phased out. Following more discussion, Roberrs' motion died for lack of a second. It was then moved by Dodge, seconded by Bailer that the matter be referred back to the Ashland Development Commission. On roll call, carried 5-!, with Roberts dissenting. 3. City Attorney Skerry read resolution authorizing the employment of Karl Clinkenbeard as special legal counsel with regard to the question of the dismissal or retention of Gary L. Boshears and Richard L. Soderberg. It was moved by Haines, seconded by Dodge that the rules be suspended and resolution passed to second reading by title only. On roll Call, carried unanimously. Following second reading by title only, it was moved by Bailer, seconded by Dodge that the resolution be adopted. On roll call, carried unanimously. At this time, Mr. Leigh Johnson asked if there was going to be a closed meeting tonight following the Council meeting. The Council replied that there would be no such meeting. Bailer:explained that the original plan was to meet with Mr. Boshears and Mr. Soderberg tonight immediately following the Council session; however, there has been a change in plans and the Council will meet with their attorney tomorrow evening to discuss future course of action. Considerable discussion followed. Mr. Richard Cottle indicated that he was representing Mr. Gary Boshears. He asked how long we (citizens) are going to have to sit around and wait to have this cloak removed. He asked if the charges against Mr. Boshears were going to made under certain circumstances whereby Mr. Boshears would be refused the right Council Minutes April 21, 1970 to reveal them to the public. Bailer replied they would not be presented under those circumstances. Tt~ere was considerable discussion regarding interpretation of the present charter in regard to dismissal or a City employee. Mr. Cottle expressed cencern that, under the present charter, it is contended by Council that they may dismiss from employment any City employee without cause. He felt that the people's attention should be called to this portion of the charter, because the majority of the people do not agree with this procedure. He pointed out that he and Mr. Boshears have ~o objection to making any charges public and would welcome the opportunity to do so. City Attorney Skerry requested that Council set a study session to discuss the recall procedure with City Recorder Baztelt and the City A. ttorney. He pointed out that the people initiating the recall may state jn 200 words or less their reasons for the recall; likewise, tt~ose coul~cilmen being recalled may state in 200 words or lesg their reasons for being retained. These statements shot~ld be submitted to the City Recorder as soon as possible. Date scheduled for study session to d~scuss recall was Thursday, April 23, 1970, at 9 a.m. There being r,o further business, the meeting was adjourned subject to the call ef the Mayor. lcr ~ y ecor eF