Loading...
HomeMy WebLinkAbout1971-1207 REG MINMINUTES OF TIIE Pj2GULAR MEETING ASItLAND CITY COUNCIL DECEMBt!R 7, 1971 I. ROLL CALL: The regular meeting of the Ashland City Council was called to order by Mayor Charles McKeen at 7:30 p.m. in the Council Chambers, City Hall, Ashland, on the above date. All members were present. I I. ~FA?~]F~S APPOINTMENT: The Mayor presented the appointment of Mr. Dick Calkins, editor of the Ashland Daily Tidings, to the Economic Development Commission. McCannon moved to confirm the appointment; Soderberg seconded. Willstatter asked whether this position was a regular press seat (as the former editor of the Tidings, Mr. Jay Smith, had previously served on the Commission). He wanted to delay confirmation until a later date. On roll call, passed with Willstatter dissenting. I I I. APPROVAL Ot: MINUTES: Conklin moved that the minutes of the regular meeting of November 23 and the minutes of the special meeting of December 2, ].971 be accepted and placed on file. McCannon seconded; on voice vote, passed. IV. DEPARTMENTAL REPORTg: None At this time, Conklin moved to bring an Ordinance previously tabled back to the Council for action. (The second reading of the Ordina~ce amending Ordinance No. 1600 relating to detention and threshold inquiry by Police Officers; making unlawful to resist such detention; repealing Section 26 of Ordinance No. 1600 which related to loitering and prowling; and declaring an emergency had already been given at the regular meeting of November 23.) On roll call (to return from Table): McCannon, Roble, Soderberg, Will- starter, Conk]in - YES; Roberts - NO. Motion passed° Conklin moved for adoption of the Ordinance; Roble seconded. McCannon moved to limit debate until 8:00 p.m., as considerable discussion had already taken place at two meetings prior and the study session; Soderberg seconded. On voice vote to limit discussion, passed. -1- ~gular Meeting '~land City Council ember 7, 1971 (continued) McCannon noted that this issue had been given a great deal of publicity and was under much discussion. He conducted a private opinion poll of the general public in Ashland, questioning exactly 100 persons. Approximately one-half was by personal contact in stores, offices, and on the street; the other half was through selection of random telephone numbers in the directory. The results of the poll were: In favor of the proposed ordinance Against the proposed ordinance Undecided 80% 7% 13% McCannon felt this was ~n indication that the general public was very much in favor of the Ordinance. Willstatter still had misgivings about the phrase, "...about to commit 8 crime..." and was therefore opposed to the Ordinance in its present form. Mark Dz~eman of 506 Hersey asked, for a point of illformation, whether ordinance being voted upon was in the same form as read at the last meeting, which the ~ayor confirmed. the Donald Pinnock of 263 Terrace opposed the ordinance. He felt it was primarily aimed at young people (although inadvertently perhaps); the proposed ordinance wasn't necessary; it would be a financial burden to appeal; and it would give police free license and would open it for abuse; therefore, basic freedom violated. Councilman Roberts responded that there was a great misconception about the Ordinance, in that he didn't believe the Police Chief or City Attorney aimed it at young people, and wanted the audience to clearly understand this was not the intent. McCannon reiterated that a young person would not be picked up because of h~s dress or hair style, but strictly on actions. Chief Hays gave an example of a situation which occurred earlier in the week in which the proposed Ordiuance could have been used. To a remark from a lady in the audience that the Council did not regard the opinions of the more than 100 persons attending the last Council meeting and those now in attendance opposing it, McCannon pointed out that usually those in favor do not attend, just those with negative views. A girl from Southern Oregon College asked what the socio-economic back- grounds, etc., were of the persons polled by ~cCannon, to which he replied that better than 90% were familiar with the proposed Ordinance. Ages, etc., were random (college stndents included). City Attorney noted that odds were strongly in favor of this being held constitutional. As a matter of record, the State of Oregon Criminal La~ Division was considering a preliminary draft of such a law on state level and had requestcd information on the proposal and any revisions. ~.ular Meetiixg land City Council tuber 7, 1971 Dr. William Cornelius of 1011 Iliawatha Place opposed the ordinance for three reasons: (1) he believed the proposed Ordinance would be declared unconstitutional; (2) the responsibility of the governing body was being misplaced, since it placed the burden on the citizen to establish rights; the legislative body had as much right to pass on the constitutionality of a law as the courts do to test one; (3) in case of a suit, Ashland police officers are not covered by the City for liability insurance and therefore must bear the cost. A gentleman from the audience spoke up in favor of the Ordinance, feeling that it could be a crime preventative. At this time, the Mayor closed the discussion period, and called for a roll call vote: Rob]e, Conklin, McCannon - YES; Roberts, Soderberg, Willstatter - NO. Soderberg wanted to go on record for favoring law and order in the community, but felt it was wrong to detain a person that had not committed a crime. The Mayor cast the deciding "YES" vote, and the Ordinance was passed. V. STANDING COMMITTEt2 REPORTS: A, Finance & Property Committee: None B. Public Service Committee: None C. Streets & Traffic Committee: Conklin recommended that a left turn refuge and stop sign be placed at the Plaza exit to Oak Street as suggested by the State Highway Division, and read a letter from them. He so moved; Willstatter seconded. On voice vote, passed. Conklin presented a report prepared on Ashland's traffic problems, which had been summarized for the BCATS interim report. After discussion, it was decided to hold this report until the next meeting. Conklin read a request from the Jackson County Maintenance office to paint curbs on the corner of Mountain, "B" Street and East Main yellow to facilitate moving their equipment. In answer to a question from tile Mayor, Conklin pointed out that an alternate route would lead through residential areas. He then moved to a] low tile curbs to be painted; Roberts seconded. On voice vote, passed. Conklin wanted to thank Dr. Sours of Southern Oregon College for his position in establishing the perimeter road as a first priority. He moved to instruct the staff to carry ont the wishes of a past Council regarding Palm Street and work with the college to do whatever is necessary to close Palm. ular Meeting and City Council December 7, 1971 V. C. 4. (continued) Conklin pointed out that the total cost of the closure would be borne by S.O.C. Roble seconded for discussion. Willstatter was unalterably opposed to the City's initiating proceedings for the closure; he felt this was the College's responsibility to agressively work for this. Roble felt that closure of Palm would result in distress for other streets and present additional parking problems. Conklin felt the action was necessary to alleviate future problems. Willstatter presented a resolution dated October 6, 1970 (which was read by City Administrator Almquist) accepting perimeter road development of the college, etc. He felt the City had an obligation to people living behind the college. Chief tlays verified that Palm Street was very dangerous, in so far as accidents, etc. Conklin felt it would be a "breach of faith" not to carry out the proposed instructions, and Soderberg saw no reason for not closing Palm. After considerable discussion by the Council members, Mark Nelson Ceditor of the S.O.C. newspaper, the Siskiyou) pointed out that Dr. Sours had made a major decision in setting his priorities for a perimeter road over and above facilities and certain improvements for the college. Mark Nelson felt this was a real effort on the part of the college to work with the City of Ashland in planning future growth. He stated the beginning would be a closure of Pahn and support of the priority list. Willstatter appreciated Dr. Sours concern, but felt this was just reaffirming his point. Mark Nelson pointed out the City couldn't plan without considering the college. Marjorie Smith felt the residents on Palm should be contacted. On roll call, passed unanimously. VI. COF~IUNICATIONS: 0ral from the Audience Dr. Cornelins suggested that the Council consider carrying liability insurance for City police officers. The Mayor stated the matter was previously under council consideration, but would refer it to Committee. VII . COMMUNICATIONS: Written 1. McCannon moved that the Revenue Steering Committee report, dated November 9, 1971, be accepted and placed on file; Rob]e seconded. lular Meeting land City Council amber 7, 1971 VII . 1 . (continued) Soderberg wanted to commend Mr. McCannon and all the volunteers for their diligent and long hours on this report. McCannon wanted a resolution prepared expressing appreciation to those who gave support, and to the Ashland Daily Tidings in particular for publishing the results in a series of 12 summaries. On voice vote, passed to accept the report and place on.file. McCannon then moved that this ad-hoc Committee continue until such time as recommendations and a final report could be prepared. (He noted the first report was for information rather than recommendations.) Conk]in secouded; on voice vote, passed. McCannon then made is a motion to prepare a resolution of appre- ciation to those mentioned; Roble seconded; on voice vote, passed. A petition for street improvements was received from property owners on Oxford Street; Willstatter moved that the staff be instructed to prepare the necessary Ordinance; Conkiln seconded. On voice vote, passed. A letter from Edward S. service in Ashland was by the Mayor. Krahel, 168 Meade Street, regarding taxi referred to the Public Service Committee Conklin moved that an application for Liquor L~cense Renewal for the Mark Antony Hotel, First and Main Streets, be recommended to the Oregon State Liquor Control Commission. Willstatter seconded; on roll call, passed unanimously. VIII. SPECIAL AGENDA ITEMS A. Unfinished Business: Although there were no items on the agcnda, Councilman Roble asked the City Administrator to read a legal opinion from the City Attorney regarding an "abstain" ¥ote. After considerable discussion re~arding the effect of such, Roble moved to consider this item further at a study session; Soderberg seconded; the Mayor so deferred. New & Miscellaneous Business: There was nothing presented at this time. l~egu] ar Ricoring ~land City Council ~mber 7, 1971 VIII. C. Ordinances, Resolutions & Contracts: City Administrator Almquist gave the first reading of an Ordinance amending Ordinance No. 1361, the Zoning Ordinance for the City of Ashland, to rezone certain real property from R-F, residential-farm, to C-l, commercial-retail (Oregon College of Art Richard ~Valsh, applicant). Conklin moved to pass to a second reading; Soderberg seconded. On roll call, passed una~imously. Almquist gave the first reading of an Ordinance naming a previously unnamed alley located between Ilersey and Glenn Streets, easterly of North B.iain Street, as "Loft Lane". W~llstatter moved to pass to a second reading; Conklin seconded; on roll call, passed unanimously. The City Administrator gave the second reading of an Ordinance prescribing the duties of the Recorder/Treasurer of the City of Ashland and declaring an emergency. McCannon moved to pass the ordinance; Roberrs seconded; on roll call, passed unanimously. At this t~me, Soderberg moved that Friday, December 10 at 5:00 p.m. be set as the latest date for receiving applica- tions or nominations for the office of C~ty Recorder in order to allow the Council to make a decision at a meeting prior to the resignation of the present City Recorder, to be held on I)ecember 16, 1971. Cm~k]in seconded; on voice vote, passed. Almquist gave the seaend reading of an Ordinance vacating an a]ley located adjacent to the IIillah Temple at the inter- section of Winburn Way and Ashland Creek. Soderberg moved to pass the ordinance; Conklin seconded; on rol] call, passed unanimously. City Administrator A]mc[uist gave the second reading of an Ordinance dispensing with an election and setting a Public Hearing on the p~'oposed annexation of property located on the north side of Highway 66, east of the 1-5 free~ay (Van Vleet & Associates, applicants). Conklin moved for adoption; McCannon seconded. In reply to a question from Soderberg, Salter noted the property would be removed from the Talent Rural Fire Protection District after the public hearing and before annexation. On roll call, passed with Willstatter dissenting. Regular bleeting ~land City Council ~mber 7, 1971 VIII. City Administrator Almquist read a Resolution establishing the maximum time that a vehicle may be parked on Siskiyou Boulevard between Gresham Street and Ashland Street in the City of Ashland and providing a penalty for violation of this Resolution. Under suspension of the rules, Conklin moved to pass to a second reading by title only; Soderberg seconded. To questions from Willstatter and Roberts, Director of Public Works Alsing stated that no overnight parking was allowed (thefour-hour limitation was effective 24 hours) and all parking bays would have to have signs installed. On roll call, passed unanimously. Almquist read by title only. Willstatter moved for adoption; Soderberg seconded; on roll call, passed unanimously. The City Administrator presented a contractual agreement for professional services between the City of Ashland and the Southeru Oregon College Regional Development Center, continued from the last regular meeting to allow the Council time to review the agreement. McCannon moved to authorize the Mayor and City Recorder to execute the agreement; Soderberg seconded. Willstatter felt that more judicious use could be made of the $3800 to be spent on the proposed study in dev6loping and =.m~inta~ning industrial property. On roll call, Willstatter, Conklin, Roble NO; McCannon, Roberts, Soderberg - YES. The Mayor cast the deciding vote to authorize the study, since he felt it was worthwhile for use by the Council as well as the Economic Developmeut Commission, who originally requested this. Conklin moved to adjourn the meeting until Thursday, December 16 at 7:30 p.m. in the Council Chambers. Roble seconded. There being no further discussion, the m6eting was adjourned at 9:55 p.m., subject to the call of the Mayor. Respectfully submitted, /nck W. E. Barte]t City Recorder