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HomeMy WebLinkAboutCM080569'y~'• City Hall 25Q E. P~ae St. August 5, 1969 Central Point,'Oregon 7x30 p.m. The Common Council met in regular adjourned session with Mayor Burton , presiding... Present were: Councilmen Bigham, Marasco, Reed, Tonn and Van Horn,. Absent: Councilman Hill. Also present: City Attorney Mansfield, City Administrator Tucker, City Treasurer Lorain Tate and Recorder Zander.- Department heads present were: Public Works Dept.; Vern Capps; Fire Chief, Allan Higinbotham, and Police Chief, Charles Sibley. Approximately 29 citizens of Central Point and elsewhere ~ were in attendance of the meeting. ~r The first order of business being the approval of previous minutes ,~; in past meetings. .Motion called for by Mayor Burton for approval . L.~ of July 2nd minutes. Motion made by Van-Horn, second by Marasco ~ to accept.. the minutes. All in favor. Motion carried. Motion, made by Marasco, second by Tonn to accept minutes of July~l5th as prepared: Motion by Torn, second by Reed to accept July 17th. and to approve the minutes of July, 1969. Al1~in favor. Motion carried. .Mayor Burton announced a public hearing to be heard of vacating a portion of street right-of-way of the Northerly 10'.of Ash street and the Southerly 10' of Alder Street, both from Front to 1st Street. Attbhis time Mayor Burton asked for any questions from attending a~3dience. Mr. K.C. Wernmark spoke and asked "Is this a land give .. away like we have done to Van Wey's?" The question was answered by the Mayor as: "This request of vacating a portion; of street right-of-way is not a land give away and I!m not acquainted as to what happened to the Van Wey transaction. This was before my time_as Mayor." Mr. Wernmark was in disagreement of'vacatng the described property and letting the Gragge Co-op utilize this. portion. Councilman Marasco explained that .this portion of land would be. placed on the tax roll and the Cii~y would enjoy the revenue if it were: approved. Mayor Burton asked for further,c~scussion on-this matter. Mr. Calvin Bowers asked.:. "If this is approved and granted, would this become.a practice and,a problem concerning the required set .back?p" ~L' ~'~:~ Mr. Marasco asked Mr. Bowers: "Do you know what the commercial set back footage is?" Mr. Bowers: "I'm not sure, but maybe Mr: Tucker.' could answer this:" Mr. Tucker stated that he was not acquainted with the~~required set back of commercial property at this time. Mr. Ken Damon asked, "Does the Van Wey property line extend to the curb? Are they allowed to use the side~ralk as their own property?" Mayor Burton ruled the question. out of order as the question. did not relate to the issue of vacating certain property. At this time with no further. questions from the floor, Mayor Burton asked for the reading of the proposed ordinance relating to vacating the property. Attorney Mansfield read the proposed ordinance and at this point Mr. Cal Bowers received recognition from the Mayor on a question. Mr..Bowers requested to be put on the records: "I protest against the reduction of any g0~ arterial street right- of-way." Mayor Burton asked fora motion on the. issue as`heard. Motion made by.Manasco to table. the question for further study and same legal advice on~certan questions that were brought up during the hearing. Motion was seconded by Reed. With a roll call vote ordered by Mayor, indicated Bigham, Marasco, Reed in favor; Councilman Torn abstained frarn voting and Van Horn voting No. With the majority in favor, ,.motion was carried. Mayor called on Charles Dana, representative of United Sign Co., Medford, as next on the ag~sda. Mr.-Dana stated that certain property was leased from the Sacred Heart Parish for a Freeway Sign by Mobil Oil Co. and through not knowing that this-property " was in the City Limits, he had started construction of a Billboard type sign. Only at a later, day or two he was advised by a stop work order that he needed.a permit to do the job. At a later date a representative of his appeared before the City Planing Commission and with results,-- that he would have to take the matter before the City Council for granting a "Variance within the R-1.8 Zone.. Mr. Driscoll stated that he had contacted all of the property owners adjacent to the site and received all favorable terms from the neighbors. Mr. Germane was also contacted and had no objection. He also showed colored photos of the area.. and the proposed site. Councilman Reed asked what was the Planning Commission's reason for not making a recommendation for this limited variance? Mr. Driscoll stated that the Planning Commission had no authority in doing so but only the Council could act on this type of situation. Mr. Dana advised that he would consider a term and conditional agreement. " that in the event at any time the area should develop to housing, the removal would be automatic. Upon conclusion of the hearing Mayor Burton asked Attorney Mansfield for any legal effect relating to the.. matter. Mansfield stated that a proper approach would be for a Zone. Change or a Variance. Councilman Van Horn, "I think the Council should look into the situation and get a reccanmendation from the property owners surrounding the sign area. City Administrator Tucker stated that another Sign Co. has called him and had requested permission or application for a sign p~:acement, in the event finis request was granted. g ~ S'`° `~ Mayor Burton asked for a motion on the issue. Motion made by Torn second<by Manasco,.that the Administrative Committee make a further study and will report back to the Mayor and Council. Roli call vote.. indicated all in favor. Motion carried. Mayor Burton asked. for any further business from the floor. Mr. Wernmark asked if.Lininger & Sons has been paid.for the paving of Bigham Drive yet? The question was refered to City Treasurer.. -Tate, and:the answer was no, not yet. Mr. Wernmark stated that,-- ` the street project was not to specification and the bill should, ,. -not be paid. ` Wernmark also asked how many hours and at what-value has the City equipment been used on the Bigham pro3ect. City Administrators report was read and a total of X643.00 was reported. Wernmark: "Will this be paid by the property owners?" Mayor: I feel, and could ~ be corrected in saying that.,the City-has an obligation to replace the street to a condition by .,some ad3ustment to property owners after the Public Works .Dept. had torn up the street for installing or replacing utility lines. Therefor the Council feels that the City should stand this amount. - ` Mr. Wernmark stated that the operator of the street sweeper should be discharged for being inadequate in doing a good Sob. Also the .City street-dept, had remoeed approximately 60-.7Q.sq. feet of lawn sod from the street during a sidewalk construction and dumped _., it. 'He further stated the City will be charged and sued for the loss. Mr. Wernmark presented photos of street debris .from a 2 block, curb. ..area about the 8th and Laurel"street area., He also displayed 4 bags of dirt°collected after the sweeper .had passed through. He refered. to Councilman Hill, Reed and Recorder Zander as `being called to see the several piles of debris swept up as presented. 1 Attorney Mansfield advised that its .the Councils duty to hear-Mr, Wernmark~s complaints but there is also a degree to arty number of,,. such complaints. At this time and after Mr. Wernmark has stated his complaints, Mayor Burton asked for the removal of his evidence., from the Council table. ' Mr. Wert~mark stated that he `was exausted . -and could not do i.t, Assistance was rendered~by Mr. Cal Bowers.and the ta~~e`was cleared. Mayor Burton refered the complaint to the.:: street committee. '"` Mayor Burton read. a letter from Administrative Assistant. Tate,., -. .concerning certain .property,`. block of Alder Street between 2nd `' and 3rd Street"being for-sale. by-owner John Clark, this property ~_ having 3 ,houses. :on. it. .The ;letter., indicated that the, Clark ~ s , cranted,an offer if the City__was interested in buying. After some discussion ia,was agreed the,"City was: unable to become too interested for reasons of financing such a purchase. Mr Wernmark asked, "Why-all the pussy footing-with our chief. of ..police? ~~. ~`~: .. Councilman~Manasco reported on the.R.V.C.G. and advised that member- ship of $50.00 is due. This was approved by Administrative Committee and will be paid. Mayor Burton asked what has been done about the once mentioned loud truck situation such as noise, etc within residential districts. Attorney Mansfield advised that this should be enforced by Ordinance No. 306 by the Police dept. and he would be very happy to prosecute and exercise the. existing City ordinance. He also stated that we do not need any further legislation for. this type of a problem that the nuisance ordinance would be most adequate. Van Horn, do we have an ordinance for maximum load limits. Attorney Mansfield, we do not. Mr. Neut Mead spoke. of trucks using his West Pine Villa Subdivision streets for parking and drivers living outside of the City in a nearby trailer court. Mr. Mead was advised by Attorney Mansfield to instruct. who ever has a problem of,this nature of if he should be ,disturbed with truck noise to sign a complaint.. In addition to his problem of parking within the subdivision, Attorney Mansfield refered to Ord. 881 as being limited to 6 hour parking and for the policet#~occofiaa~t the operator and advise of the existing law.. The matter of approving a train speed increase was discussed and correspondence was read from Southern Pacific Railroad requesting the Council~.s consideration in .part to allow the train speed increase, after the lead locomotive has .crossed through the West Pine Street. crossing, present speed limit being 35 m.p.h.- Discussion was held and a motion was made by Marasco;. second by Bigham to draft a letter to the Southern Pacific Co. granting the .request. With all in .favor the motion was carried. Auer some discussion, motion was made by Van Horn, second by, Marasco to accept proposed :ordinance. Ro11 call. vote ass ordered by the Mayor and all appeared 'in favor. Motion .carried. Ordinance 1Vo. 95b declared. duly adopted. ' Proposed ordinance was read by City Attorney Mansfield as headed: An ordinance to provide regulations and charges for-stand by water service for Fire protection sprinkler systems in the City of Central Point. Mayor Burton brought to the attention of the. Council that the City.. of Central Point was without False Arrest Insurance protection. Discussion Nas held i.n detail from the Council 'to the floor. Chief Sibley stated that it is necessary that the.. police officers be protected. Mr. Tucker explained the present cost .of 'such .insurance and that only one. carrier world and can offer such needed coverage, Lloyds of~Londsn Insurance Co. Mr. Tucker further stated..that figures given would range from $750.00 to '800.00 per year for this liability. Attorney Mansfiels spoke. on the. needs, hazards of not having it and the~cost for defending, whether sucessfull or unsuccessful judgements should ever arise. A motion was called for by the mayor for what route to take. Motion made by Reed, second by Van Horn to secure application for False Arrest Insurance for the Police Dept. of the City of Central Point. L. I .~<'~. The City~Administrator is to seek out"the best and most feasible way for.the minumum premium. With a roll call vote, all members. of the Council being~in favor. Motion carried. The matter of "Street opening permits" was introduced by.City Sew ~.o~~<,' administrator Tucker and explained its purpose and needs. Motion ;N ~_s ~;.,,, made by Manaseo, second by Van Horn to accept the application as a City.form in future construction. With all in favor. Motion carried. Mayor Burton spoke on the Neidermeyer lease - City property, as to a disposition to the best-interest t-o the City of Central Point. It was .announced that Mr. Neidermeyer is no longer interested'in farming the land and therefor what will the City do? Ideas were discussed but discouraged due to the present economic problem about the area. It was suggested by Councilman Marasco that the City Administrator advertise and look for a new renter with a lease. All councilmen agreed that this should be exercised. The former Norris property at 7k9 Laurel Street was discussed as the City now. has full and legal rights for possession after a City foreclosure. It was suggested that notice of vacating the property be given to the occupant and a sale be announced. It was reported by City Attorney Mansfield that the City's interest of the property being $2,1+94.78 plus interest of 6%. Foreclosure was ordered July 5, 1968. A motion was ordered by the Mayor and Councilman Marasco made a motion that the City property be advertised for sale under ~se``'",~ 6~''~'`°°~`r a sealed bid condition and reserving the"right to refuse any or all . bids. Roil call vote indicated all being in favor. Motion carried. Mayor Burton called for terms of the"lease of the City granite pit with Robert Lull and what agreement we had. Mr. Tucker spoke and advised that the Former City Administrator. had made a verbal.agree- ment with Mr. Lull as to using the pit. Mr. Tucker advised that Mr. Lull~is interested in leasing it for 5 years at 10¢ per yard to the Cty~s share of the sales, and a reduced rate to the City at the-mine or delivered. Councilman Marasco suggested that the:: Mayor appoint a committee and have an on view look at this property for present or future plans". Mayor Burton announced to -have . the council make an on site personal inspection of the property:. and that the Councilmen meet at the City Hall at 7:00 p.m. August 19th for. the trip. The Mayor spoke of the Charter revision committee and named the appointed group. From the council.. it was: Chairman Hill, Marasco, and Bigham.. Citizens being: Deane Roberts, Dan Hadley and Thomas V. Thomas.-, At this time a report was made~by Mr."..Marasco of the last meeting of the named "committee. He stressed the recommendation that the committee had discussed of the boundary change of wards. A change of boundary would bring a near equal registered voters of ward ,3 'and 4. The change would be from present. line of 4th Street, to the proposed 2nd Street, North of Pine St. He also stated that . a monthly. meeting would be held on the 2nd Wednesday of each month. Motion made by Marasco, second by Tonn to draw an ordinance in asking for a'Boundary.change of Ward 3 and 4, as proposed. With all in favor, motion carried. ~u~``~' Councilman Marasco.questioned several bills that appeared to be paid: 1) Who pays the street vacating advertising bill? Mrs. Tate answered i.n the past the successful receiver reimburses the City of any cost insued. 2) Are we now inforcing a purchase order proceedure? and if so who can tell me.mbre about a bill from Al Thompson and the paneling in the Police Dept. Was this improvement budgeted for or what? Chief Sibley "No it was not, I'll take it out of something else (some other account) Some. of the material was donated:" .Councilman Reed asked who donated some of the material. Sibley remarked "it's anonymous." Reed, I didn't hear what you said. Sibley reported and said "the fellow that donated some of the, material is an anonymous doner." Reed asked has there been any favors for this? Sibley, "no". At this time Manaseo recommended payment as the bill occured in the Police Dept. improvement.' However, "this, will be the last time that I will approve a non requisitioned charge". The W.H. Conrad past due bill was discussed and some correspondence was read regarding it. By agreement of all councilmen, the W.H. Conrad statement be studied more and was tabled at present. Motion was made by Marasco, second by Bigham to apy the approved bills for the month of Ju1.y, 1969. With all in favor, motiom was carried. Motion made by Tonn, second by Marasco to pay the Bryce Townley, engineering bill ($186.00) from the contingency fund and when sewer bonds are sold,-this amount to be replaced into the budget. With a roll call vote, all being in favor. Motion carried. Councilman Marasco refered to July 15th meeting and minutes concerning discussion of Police Uniforms.' It was mentioned that two Police officers had made purchases of Police boots recently and also both of these men have made plans for further employment. A motion was made for a new policy by Councilman Van Horn, second_By Reed that for arty City employee leaving or departing from the City. He or she shall leave with the City any and all clothing and equipaent such as shoes, etc. that the City has purchased. With all in favor, motion carried.' ' Mayor asking for any further business, .Councilman"Reed stated that he had some business to be brought up. He stated that some months ago a member of"the Police Dept. was placed on probation .for his personel conduct as unbecoming. And only on July 20, 1969 he again was observed in an intoxicated .condition while operating his vehicle. As of now nothing has been dose about it. At this time Councilman Reed passed a Police report to the council relating to the issue. After the reading of the report, Mayor Burton asked Chief, Sibley why no arrest was made. Sibley answered "it was outside of the City. There's also animosity between the officers involved." Mayor Burton stated that inasmuch as the presence of the officer is needed to get the entire .background, It is bettrsr to set up a hearing for the persons involved. We could set here all night and talk about it and ~' i not get anywhere. Attorney Mansfield stated that the accused should be heard and has the right to do so. Mayor Burton ordered City Administrator Tucker to secure corres- pondence to all acquainted persons of the incident and schedule a Police meeting for August 12, 1969 at 8:00 p.m. on the Police matter. Mr. Tucker brought up the damage of Comet Street. It was mentioned that the cost, of the material would not exceed $100.Q0 for repairs. Motion made by Marasco to repair Comet. Street, second by Van Horn. All in favor., Motion carried. War. No. 3716 Paggoll Account 3717 Payroll Account 3718 Payroll Account . 3719 Ivan A. Burton 3720 Les Bigham 3721 void 3722 Robert Manasco 3723 Harold Reed -3724 Harry Tonn 3725 A:D, van Horn 3726 William A. Mansfield 3727 Volunteer Firemen Fund 3728 Petty Cash 3729 Allen Hill 3730 U.S. Post, Office 3731 void 3732 State Compensation Dept. .3733- Jackson County Sheriff 3734 Medford Printing Co. , 3735 . Midway L~nber Sales , 373.6 Medford Printing Co. 3737 ..void 3738 Gorden Hardware 3739 .Pine Street Shell Station 3740 Oregon Section, ICMA 3741 Valley Janitor Service 3742 - M & M Agency 3743 McDonald Candy Co. 3744 Petty Cash 3745 American Rubber Mfg. Co. 3746 Siuns Electric. 3747 Alladin Lock and Safe Works 3748 Verl G. Walker Co, 3749 Beaver Electric & P1b. Supply,Co. 3750 Industrial Air Products.. 3751 Tracey and Co.,,Inc. 3752 Pa~i~ic Motor Trucking Co. 3753 Rogue Communications 3754 Dept. of Motor V6hicles 3755 Central Point Cleaners 10,752.50 516.14 . 175.37 20.00 20.00 void 20.00 20.00 20. ~ 20.00 225.00 250.00 100. ~ 20.00 75.00 void 635.35 220.00 11.61 51.37 30.80 void 47.70 23.95 5.00 85.00 30.00 14.52 35.92 125.00 125.00. 2.50 3.56 11.74_ -- 13.65 8.84 4.00 85.00 162.17 24.50 3?56 A-1 telephone Answering Service 27.00 3757 Mel~s Garage 27.25 3758 Valley Office Equipment- 1.80 3759 Hi11s Jacksonville Stare 19.55 3760 Max-Sig Communications, Inc. 77.44 3761 Western Auto Store 6.41 3762 ~ Weiler Oldsmobile 38.87 3763 Budge McHugh Supply Co. 1,013.19 3764 Sage Pipeline Construction 31.25 375 ~ Utilities Supplies Co. 361.98 3766 ~ Cal-Ore Machinery Co. 805.00 3767 Chet~s Service - 4.00 3768 George Groom 60.00 3769 Petty cash 4g.9o 3770 Fabers Super Market 2.37 3771 Howard Cooper Corp. 1.12 3772 ~ MSC. Lininger & Sons, Inc. 77.08 ~1~ 3773 ~ Western City Magazine 12.50 3774 ~ General Electric Supply Co. 13.34 3775 Lee Dysinger Pumps 25.41 3776 American Steel & Supply 3.89 3777 Pacific Power & light Co. 1,198.98 3778 Pacific Northwest Bell Tele. 125.75 3779 ~ Al Thompson Electric 125.89 3780 Croskell Hardware - 13.79 3781 - Mutual of Omaha 222.30 3782 ~ McDonald Candy Co. 10.26 3783 Bryce W. Townley 282.00 3784 - J.W. Ellsworth, The Paymaster Corp. 54.50 3785 Your Office Boy 120.75 3786 ~ Central Point Volunteer Firemen 30.89 3787 American Linen Supply Co. 59.11 3788 Concrete Steel Corp. ~ 84.99 3789 - Shell Oil Co. 161.08 3790 - Medford Water Commission 5,871.61 3791 Karen Conger 10.00 3792 - Bond and Interest Account 175.00 3793 - Tillett Equipment Sales 336.60 .3794 void void 3795 ~ Anthony Kennedy 10.00 3796 Bobby Dean Adams 10.00 3797 ~ Payroll Account - 10,752.50 Total 36,305.51+ Motion made by Tonn, second by Van Horn to ad3ourn the meeting. in favor. Motion carried. Meeting ad3ourned at 10:50 p.m. All 1 1 ~~' ~, ~~: Approved ``3 ,~ ;,.~~ ~. ^ ,~~ yor . Attest: Ci deco er APPROVED by me this day of , 1969. APProved ~~ ~. _ (v j~ , ~" ~.~A~. ~.,~ Mayor C~7