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HomeMy WebLinkAbout1970-0407 REG MINMINUTES FOR REGULAR MEETING ASHLAND CITY COUNCIL APRIL 7, 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 O~ MINglES: - It was moved by Bailer, seconded by Willstatter that the minutes of the March 17, 1970, regular meeting and March 23, 1970, adjourned meeting be approved as published. Motion carried unanimously. DEPARTMENTAL REPORTS: None STANDING COMMITTEE REPORTS: a. Finance & Property Committee It was moved by Chairman Bailer that a cloud be recorded on three lots, in addition to one lot which will have a dirt or gravel street, owned by Mr. Robert Ridnnger in Oak Court Subdivision and that the subject street be paved at the same time Oak Court Subdivision is paved. The motion was seconded by Haines. Following brief discussion, Bailer's motion was amended to include City Attorney Skerry's suggestion that Mr. Ridinger submit to the City Attorney the proposed document with restrictive covenants incorporating Mr. Bailer's motion and the document then be submitted to the City Couaci! for approval; that no building permits be issued prior to approval by the City Council of the restrictive covenants on the property. On roll call on amend- ment, carried unanimously, On roll call on amended motion, carried unanhnously. At this time, Mr. George Pierson introduced himself to Council, indicating that be was representing Precinct 10-A of the Democratic Party. Finance & Property Committee (continued) Chairman Bailer indicated that the committee had received a letter from Ashland JayCees; however, the letter was not read at this tinre. Chairman Bailer reported that the committee is ntl working curre y on the matter of cleaning up the City Seventh Street let as reRuested by the Ashland Garden Club. At this time, City Administrator Boshears asked if Mr. Ridinger would be required to install utilities on his property, referred to at the beginning of the committee report. It was indicated that he would. Haines asked if the ordinance regarding annexation assessments was ready for Council action. City Attorney Skerry reported that the ordinance has ~ot yet been prepared. Council Minutes April 7, 1970 b. Public Service Committee - Chairman Haines reported that the committee met with Finance Director Nelson and Cemetery Superintendent Burr to study the cemetery price scale. Haines then moved that the following recommendatiens be approved by Council: (1) The ~rice of lots in the cheapest section of the cemetery remain at $50 per lot (2) That number of lots be lessened in this area and price raised to $75 per lot for some (3) That lots currently selling in lawn portion for $!00 be raised to $125 each (4) That lots in portion where there are standing tombstoues and on portions where they may be erected be raised from $].2S to $175 each; effective date being May 1, 1970 Haines:motion that the above listed recommendations be approved was seconded by Bailer. On roll call, carried unanimously. It was moved by Haines that the price o~ opening and closing of crypts be raised to $6S for each operation; that the prices on niches be raised ia all except the upper bracket $10 per category; making the new price scale $?S, $85, $9S, $110 and $2S0; and that the cemetery levy a cost of le percent of cost of new monuments placed in the cemetery--the total proceeds to be placed in the Cemetery Trust Fund fox' perpetual care. The motion was seconded by Bailer. On roll call, carried unanimously. It was moved by Haines that the City Council rescind the recent resolution regarding operation of Jackson County Housing Authority in Ashland. The motion was secended by Bailer. Haines indicated that this action has the concurrence of Mr. Ralph Eaton and a revised resolution will be submitted to the Council from the Development Commission shortly. On roll call, carried unanimously. Committee report continued following 8 p.m. public hearing. SPECIAL AGENDA ITEMS: Unfinished Business: I. 8 P.M. PUBLIC HEARING: First Street traffic flow City Administrator Boshears gav~ a brief background on the matter and indicated tha~ it had been under study by the Streets & Traffic Committee, Public I~orks Director Alsing presented maps of the subject street. There was considerable discussion regarding the 'proposed two-way traffic pattern. Mr. Bill Wrlght, property owner on First Street, suggested that the traffic pattern be reversed from its present course and that parking be allotled on the downhill side. Chief of Police Flays recommended that parking be allowed on one side, with two-way traffic per,nitted. He expressed concern that drivers Council Minutes -3- April 7, 1970 are currently driving through the Elks parking lot and running over the islands in route to the post office. Mr. Robert Keeney, architect for proposed Crater National Bank, indicated he would like to have a two-way street on First. However, if it must be one way, he would prefer that it run from north to south (from C to Main Street). Mr. Robert Voris suggested developing eight parking spots rather than three, with two-way traffic. Following considerable discussion, it was moved by Roberts, seconded by Haines that the matter of First Street traffic flow and parking be referred back to the Streets & Traffic Committee for recommendation to the Council. On roll call, carried unanimously. b. Public Service Committee (continued) It was moved by Haines that a committee be formed to study and write a housing code for the City of Ashland. The motion was seconded by Willstatter. Haines pointed ont that the City has a building code that protects people= but does not have a housing code that protects renters and lessors, There was some discussion at thi~ point regarding whether or not a housing code would be effective after Jackson County Housing Authority is in operation in Ashland. Development Coordinator Soderberg pointed out that the Housing Authority is required to conform with all housing codes whenever they are adopted. Mr. McDaniels, 277 Almond Street, must meet FHA standards. It was necessary. asked if indicated the Housing Authority that it was not Following more discussion, on roll call en motion that a commi~ee be formed to study and write a housing code for Ashland, carried unanimously. Haines asked if a committee had been ~ppointed to review the building code as proposed at the last Council meeting. The Mayor indicated that he has not yet completed his list of appointments and will do so soon. Haines indicated that the Public Service Committee recommended that the matter of the City purchasing additional water rights to Ashland Creek be referred to the Finance & Property Committee for study. This was referred by the Mayor. It was moved by Haines that the City Council, effective immediately, freeze City employment except for Police and Fire Departments. He explained that positions that wcuid become vacant if the motion were to pass, would not automatically be filled by the administration, but would require authorization by the Council. He pointed out that quite a few cities have adopted 'this policy and; since the City of Ashland is experiencing budgetary problems, this approach would be appropriate at this time. Council Minutes -4- April 7, 1970 Considerable discussion followed. City Administrator Boshears indicated that this approach would not be effective unless cutbacks were instituted; it would only be crippling the operation of the various City departments. Mr. Jim Busch indicated that he felt Haines' suggestion was merely a hands-tying mechanism for City staff and was completely unnecessary. Following more discussion, Mr. Sid Ainsworth pointed out that this motion discourages the proper functions of the City Council-- that of setting policies, not hiring and firing of personnel. It will tend to discourage qualified people from serving on the Council in the future. Mr. Ainsworth also questioned Haines' motive in making this motion, suggesting that he had some plan in mind regarding changing City government. Public Works Director Alsing pointed out that the Street Department is currently short two people and is anticipating a third vacancy, It would be impossible to begin the paving season with such a limited crew. Roberts pointed out that he felt the motion was unnecessary and the proposed budget does not necessitate such action by Council. City Attorney Skerry suggested that the Council discuss the matter with the City Administrator before making any decision, since this is a personnel problem. Following several comments from the audience, City Administrator Boshears suggested a meeting with Council and Finance Director Nelson and himself to discuss the current budget status, as well as next year's fiscal situation. He pointed out that the staff has been maintaining tight control on the budget and does not anticipate any drastic cutbacks for the coming fiscal year. Haines indicated he was amazed to find the City in such good financial status and would be willing to reconsider the motion provided there was assurance that the City's fiscal situation is such. Following considerable discussion, the Mayor declared Haines' motion dead for lack of a second. It was moved by Haines, secended by Jones that the City of Ashland dismiss from its employment immediately Gary L. Boshears. Mayor McKeen declared the motion out of order, pointing out that this. is not the business of the Public Service Committee. City Administrator Boshears made the following comments in response to Haines' motion: "I find it interesting that sever, al items are being reported out of the Public Service Committee that have not been discu~edwi~l staff. It is normal in City business discuss personnel matters at least with the people involved prior to any such action. I would think that the very least in common courtesy, if not in proper procedure, would be to allow the 'accused' to know what the problem is. It seems to me that something has been going on for some time here. We have had study sessions where specific questions were asked as to what the problems were. The staff did not receive answers. I would like to know what the problem is. I do not fear a public hearing. T~is is rather serious." Council Minutes -5- April 7, 1970 Haines indicated that the committee had requested that the Ma~.or meet with them many times and he has not. Foilowing considerable discussion, the Mayor suggested that Council proceed to the next agenda item. c. Streets & Traffic Committee Chairman Willstatter reported that the Mountain Avenue widening matter was discussed by the committee at some length and it was agreed to accept the project in concept; however, the committee was somewhat disturbed about the lack of traffic control. Staff indicated 'that the State Highway Department is reviewing that matter currently. It was moved by Willstatter, seconded by Dodge that the Mountain Avenue widening project be accepted as discussed, except that the college take care of tile traffic control problem. The committee also requested redrafting of paragraph 4 of the subject contract. On roll call~ carried unanimously. It was suggested by Willstatter tkat the people of Oak Court Subdivision be advised of the outcome of the petition and that no further action be taken regarding paving at this time. The Mayor' directed staff to take care of this matter. Willstatter reported that the committee reviewed rendering of landscaping of Lithia Park, Phase II, Project. The Park Commission does have funds available to carry out the project and the committee recommends approval of the proposed plans. It was moved by Willstatter~ seconded by Haines that the proposed plans be approved. On roll call, carried unanimously. In regard to the Lithia Park, Phase li, Project, the committee discussed possible changes in specifications on sidewalks. Previously, an exception was made to have exposed aggregate. The committee felt this was a safety hazard and recommended further study and investigation into the matter. Both the City Administrator and Public Works Director pointed out that they have investigated the matter and have found no reference to possible safety hazard of exposed aggregate being used. Following considerable discussion, it was suggested that staff contact the National Safety Council, U.B.C. or F.H.A. for recommendations. COMMUNICATIONS: Io Petition requesting vacation of Union Street between Auburn and Iowa Streets City Administrator Boshears polnted out that the petition stated that this particular section of Union Street causes traffic problems and is hazardous to the residents and community at large. The petition bears 22 signatures of residents in-the general area. 2, Petition for curb, gutter and paving of Augurn Street between Gresham and Iowa Streets City Administrator Boshears pointed out that less than SO percent representation has signed the petition; however, the Council may wish to order in curb, gutter and paving in conjunction with the vacation of 'the subject section of Union Street (Item #1). Council Minutes -6- April 7, 1970 Mr. R. W. Voris indicated that he was under the impression that Auburn Street was vacated several years ago. Public Works Director Alsing indicated that it is still on the County tax rolls; however, staff will investigate the matter further. Action of Items 1 and 2 was deferred pending study by staff. 3. City Administrator Boshears read letter from Mr. R. A. Bourne, 935 Mary Jane Avenue, requesting permission to allow an existing fence to remain on City street right-of-way. The fence is along his driveway perFendicular to Mary Jane Avenue and extends approxi- mately 12 feet into the City right-of-way. Mr. R. A. Bourne was present and indicated the fence was erected with permission of his neighbor. He pointed out that he has observed many retaining walls threughout the City which are also constructed on City property and seeIs that his fence should be allowed to stay. It was moved by Roberrs, seconded by Haines that the matter be referred to the Streets & Traffic Committee for study and recom- mendation. On roll call., carried unanimously. City Administrator Boshears indicated a letter had been received from the secretary of the Ashland Board of Realtors expressing opposition to the operation of the jackson County Housing Authority in the City of Ashland. He reported that a letter had been received from the League of Women Voters expressing concern over slow progress of elimination of substandard housing in Ashland and showing support for operation of Jackson Coun'ty Housing Authority in Ashland. No Council action taken. S. Ashland Development Commission Minutes of March 6, 1970 and Ashland Development Commission Report - Coordinator Soderberg reported that the Standard Oil Company matter was taken into consideration by 'the Development Commission at its last meeting. Administrators of the property are in the process of drawing up a lease (6D-day notice to terminate) to make it available to the public. He reported that action was taken by the Development Commission in favor of commissien attempting to raise $6,000 for improvement of Plaza island, with walkway, etc. The proposal included an 8-foot island m~tback to make way for trsffic and parking. Each commissioner will be attempting to rsise the needed money and some City crew work will be necessary in the near future for this project. Reviews of Phase II Project drawings have bem completed by EDA, OSFA, State Fire Marshal and B~ilding Department. Drawings are being revised accordingly. They will call for bids as soon as possible. Architects are revising their recommendation for final payment for Phase !, (Payment #16). The recommendation will be brought to Development Commission and Coun. cil as soon as possible. Council Minutes -7- April ?, 1970 Coordinator Soderberg reported that the Lithia Park Extension Project has been reviewed by three Councilmen and he offered his assistance in review of the project to any other Councilmen interested in the project. Brief discussion followed. Haines asked City staff about contents of a letter received from EDA regarding the possibility of withholding of federal funds to complete the theatre project. City Administrator Boshears indicated that the subject letter was received last week and was given to the Mayor and members of the Finance & Property Com- mittee. The letter was preceded by a phone call from EDA officials askingwhat the City's intentions were on the companion project (Lithia Park Extension). City Administrator Boshears pointed out that some EDA officials were in Ashland for the theatre dedication and perhaps heard that there was some possibility that the Lithia Park Project would not be completed. The letter was merely asking for information as to the City's intentions in this regard. Haines indicated that he felt the letter sounded like a threat. Considerable discussion followed. City Administrat6r Boshears suggested a study session to discuss the continuation of the Plaza Project. Date scheduled for study session was Wednesday, April 8, 1970, at 7:30 p.m. SPECIAL AGENDA ITEMS: 'continued) Unfinished Business: 2. Award of bids gunlting of irrigation ditch - City Administrator Boshears indicated that one bid had been received from Condrete Steel in the amount of $3,180. Public Works Director Alsing recommended approval. It was moved by Haines, seconded by Bailer that bid be awarded to Concrete Steel in 'the amount of $3,180. On roll call, carried unanimously. COMMUNICATIONS: (continued) 5. It was moved by Bailer, seconded by Jones that the Ashland Development Commission minutes of March 6, 1970, be accepted. Haines questioned the action taken by the Development Commission in sending a letter to the Oregon State Highway Department recom- mending a raised island development, landscaped with room for lighting standards, which would permit left hand turns to commercial areas other than at the overpass. It was indicated in the minutes that. staff would prepare a proposal to be offered in map form~ which would be sent to the Highway Department. Bailer pointed out that there may be a safety hazard involved in the raised island and the State Highway Department mentioned this hazard previously. He pointed out that he would hate to jeopardize the Highway 66 overpass project because of the raised islands. The Mayor reported that, at the last RVCG meeting, it was indicated that overpass plans had been drawn, finalized and approved and no changes were anticipated. On roll call on Bailer's motion to accept minutes, carried S-l, with Haines dissenting. Council Minutes -8- ,April 7, 1970 New & Miscellaneous Business: 1. Adopt specifications and call for bids for liability insurance - Item deferred until next regular meeting 2. City Recorder Bartelt presented a new liquor application for Deb's Restaurant--application made by Oak Knoll Corporation. It was pointed out that Deb's Restaurant would be changed to Oak Tree. The Police Department recommended approval of application. It was moved by Roberts, seconded by Bailer that the application be granted. On roll call, carried unanimously. Staff was instructed to investigate matter of big trucks parking in entrance way of Deb's Restaurant and Knights' Inn. Ordinances, Resolutions & Contracts: 1. City Attorney Skerry read ordinance setting public hearing for April 21, 1970, at 8 p.m., for curb, gutter and.paving of Elms Street from Leonard to Palmer Road. It was moved by Haines, seconded by Roberts that the rules be suspended and ordinance passed to second reading by title only. Mr. Ro W. Voris suggested that all new paving be accompanied with storm sewers. Public Works Director Alsing indicated that this had been done for years; however, funds are no longer available to accomplish this. He pointed out that both streets in question tonight are short streets and probably would not have storm sewers constructed if funds were available. On roll call, carried unanimously. Following second reading by title only, it was moved by Haines, seconded by Dodge that Ordinance No. 1647 be adopted. On roll call, carried unanimously. 2. City Attorney Skerry read ordinance setting public hearing for April 21, 1970, at 8:1S p.m., for curb, gutter and paving of Verda Street between Linda Street and Plaza Street. It was moved by Roberrs, seconded by Willstatter that the rules be suspended and ordinance passed to second reading'by title only. Mr. Voris again expressed the need for storm sewers. On roll call, carried unanimously. Following second reading by title only, it was moved by Haines, seconded by Willstatter that Ordinance No. 1648 be adopted. On roll call, carried unanimously. 3. City Attorney Skerry read ordinance authorizing the issuance of City' improvement bonds in the matter of paving City streets in what has been designated as Street Improvement District #35. Mr. Skerry also commended City Recorder Bartelt for his excellent work involved in receipt of bancroft payments. It was moved by Bailer, seconded by Willstatter that the rules be suspended and ordinance passed to second reading Ly title only. On roll call, carried unanimously. Following second reading by title only, it was moved by Haines, seconded by Dodge that Ordinance No. 1649 be adopted. On roll call, carried unanimously. 4. City Administrator reviewed proposed changes toordinance amending Ordinance No. 1588, which ordinance known as the Sign Ordinance, regulates signs. Following second reading, it was moved by Council Minutes -9- April 7, 1970 Haines, seconded by Willstatter that Ordinance No. 1650 be adopted. On roll call, carried unanimously. 5. City Administrator Boshears read resolution transferring appropriations within funds. The appropriations included transferring $188 from Electric Department line construction to street lights; $775 from Municipal Court personal services to office expense; $6,177 Equipment Fund operating contingency to capital outlay. 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 only, it was moved by Haines, seconded by Bailer that the resolution be adopted. On roll call, carried unanimously. 6. City Attorney Skerry read resolution acknowledging the excellent work and continued efforts of the Charter Revision Committee in presenting the revised charter. It was moved by Haines, seconded by Roberts that the resolution be passed to second reading by title only. On roll call, carried unanimously. 7. City Attorney Skerry gave some background information on the release and resclution regarding City of Ashland versus Beall Pipe and Tank Corporation. He reviewed the settlement at some length with the Finance & Property Committee previously and indicated that he aud William Deatherage, attorneys representing the City on the matter, recommended settlement be made in amount of $40,000. He then read resolution authorizing Mayor and City Recorder to execute on behalf of the City of Ashland a release on all agreements against the Beall Pipe and Tank Corporation in accordance with release. It was moved by Haines, seconded by Roberrs that rules be suspended and resolution passed to second reading by title only. On roll call, carried unanimously. Following second reading by tizle only, it was moved by Haines, seconded by Dodge that the resolution be adopted. On roll call, carried unanimously. There being no further business, the meeting was adjourned subject to the call of the B{ayor. lcr City Recorder