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HomeMy WebLinkAbout1981-0217 REG MINROLL CALL APPROVAL OF MINUTES PUBLIC HEARING Land Use Ord. MINUTES OF BOARDS WINBURN CLOSURE OCCULT ARTS REPEAL BANNER REQUEST PUBLIC FORUM Time for appeal public hearing East Main St. Speed Discussion Policy MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL February 17, 1981 Mayor Medaris presented a plaque to former Mayor Gary L. Prickett and thanked him for the sound financial condition of the City when he left office after having served as Councilman and Mayor for eight years. Medaris.called the meeting to order in the Hillah Temple at 7:30 P.M. on the above date and Peterson, Acklin, Laws, Dale and Howard were present. Sims arrived moments late. Dale moved to approve minutes of the regular meeting of February 3, 1981; Acklin'seconded the motion which passed unanimously on voice vote. Planner Fregonese reviewed the amendments saying there are only four minor changes involved - 1) Placing items which were on last ordinance, 2) change side yard setbacks, 3) establishing private ways with Type 1 Procedure review, and 4) request for building or demolition permits on any changes to Historic Register listings with exception of painting and minor repair. Mayor Medaris opened the public hearing and in the absence of any comment closed same. (Reading by title only later on agenda). Dale moved to accept minutes of boards, commissions and committees and place on file; Acklin seconded the motion which passed unanimously on roll call vote. A request for closure of Winburn Way for 55th annual Commencement in Lithia Park from Southern Oregon State College was considered. Laws moved request be granted; Acklin seconded and on roll call, all YES. A letter was read from Marjorie O'Harra requesting delay of second read- ing repealing the Occult Arts (Consumer Protection section) Iordinance until such time as a licensing ordinance can be drafted and implemented into the business license regulations. Laws recommended that the matter be deferred until the Ordinance section of the meeting. Council agreed. A request for a banner for Week of the Young Child (4/6-12) was approved by the City Administrator on behalf of Assn. for Education of Young Child- ren. For information only. Ed Chapman spoke to the issue of delaying public hearing for the Granite Street - Lithia Village P.U.D. saying that the Code reads that a public hearing must be heard within sixty days. Laws told Chapman that the literal meaning was correct but that since the public hearing has been set it would serve no purpose to change as extra time was requested by applicant. Salter agreed. A citizen expressed concern over traffic exceeding 30 mph on East Main Street and drivers lack of concern for people using pedestrain walks. Mayor Medaris asked the Chief of Police if citations were being given on an average basis in that area and was told they are. Medaris asked that the area be monitored for speed etc. Sims questioned the right of discussion after a public hearing had been held on an ordinance and Laws clarified the matter by saying that when first reading was given the ordinance in question (occult arts) there was open discussion and it was not a public hearing. Laws added that the public can speak to anything on the agenda when it is discussed or taken up by citizens during Public Forum. 2/i7/8i P. i Regular Meeting Ashland City Councli LIQUOR LICENSE REQUEST CAPITAL IMPROVEMENTS PROGRAM 911 COMMUNICATIONS "B" ST. STOP SIGN YMCAMLrRAL REQUEST Application for liquor license change of ownership on Casa Feliz post- poned until March Council meeting for lack of information. Planner Fregonese noted that CIP program outline had been distributed an{ that the Planning Department will be working with staff and that a final pla~ will be ready by September at which time CIP will have a budget and that ai1 capital improvement requests will be considered by the Council. Chief of Police Lively reported on progress of implementing 911 system for public safety and said he and Chief King have been working to get the system in the present facilities with no additional personnel. Live] said that the budget for making the dispatch center operational in the new justice building will not cover the entire system because of inflati~ etc. since the request was made two years ago and that additional funds have been applied for. Lively requested authority to make grant request and that Northwest Bell be notified to take steps to make the 911 System operational in the south County. Laws so moved; Peterson seconded and the motion passed unanimously on roll call vote. A letter from Mrs. Irene Robinson was referred by the Traffic Safety Commission requesting that the stop sign on "B" Street at Second be taken down as unnecessary and Robinson noted that in addition to not ser~ ing a purpose it wastes gasoline, brakes and time and results in more pollution and noise. Sims moved that letter be placed on file; Acklin seconded and Peterson asked for clarification. Sims said that the neight hood had requested that the sign be posted to protect children and elder2 and that since drivers have become accustomed and obey the stop sign it has been an effective safety tool for the area. On roll call vote motio~ passed unanimously. A memorandum was read from the Planning Commission referring to a varian~ unanimously allowed to permit a mural on the new YMCA facility and staff report, findings and minutes of the Planning Commission were submitted. Darlene Forten was present to represent Architect Lawrence Mattson and displayed drawing depicting the tiled mural worked into the surface of the building. Laws said that Council does not have authority to grant permission as under ordinance it reads "no murals shall be permitted". Sims said there had been some discussion and a meeting in the past to differentiate the use of murals when described as "graphics" as long as it wasn't advertising style of business. Forten said she couldn't under- stand why the mural proposed could not be used since it makes the wall visible to side of property attractice and she couldn't see why a mural depicting something unconnected with activity in building could be con- sidered. Forten used an example to be like having animals in a mural as opposed to people as portrayed in the proposed mural. Sims said that some things have been agreed to as graphics and mentioned windows in a church which may have something in stained glass etc. Dale expressed concern that the sign ordinance might be too prohibitive - too stringent and proposed Council take another look at the ordinance and concluded such a request should remain in tee Planning Commission. Laws said if Council considers approval of request, the ordinance would have to be changed first. The matter was deferred until the City Attorney can interpret and get information back to Council. Laws expressed concern for the integrity of the sign ordinance which has been effective and doesn't think we should be able to soften its intent. 2/17/81 P. 2 Regular Meeting Ashland City Council YMCA MURAL ORDINANCES, RESOLU- TIONS & CONTRACTS Land-use Ord. Cedar Way Imp. St. Imp. Bonds Dist. 46 por. 45 Occult Arts Ord. Planner Fregonese said the Planning Comission treated the mural as a variance used for alley signs. Matter deferred for further research. First reading was given by title only of an Ordinance adopting various amendments to the Land-Use Ordinance. Copies had previously been supplied to Council members). Peterson moved to second reading; Howard seconded and on roll call, passed unanimously. First reading was given an Ordinance authorizing and ordering the improve- ment of Cedar Way and N. Main Street west of Cedar Way. Laws moved to second reading; Peterson seconded the motion which passed unanimously on roll call vote. First reading was given an Ordinance authorizing the issuance of City improvement bonds for Street Improvement District No. 46 and portion of District No. 45. Peterson moved to second reading; Acklin seconded the motion which passed unanimously on roll call vote. The deferred action on the O'Harra request to delay the second reading on the repeal of the ordinance relative to occult arts was taken up and Gene Skidgel of 438 Euclid said he has 485 names on a petition asked that an ad hoc committee be appointed to have input from the majority of the people in the City of Ashland. Mayor said it would be up to the Council but they may be in favor of delaying for input to City Council. Medaris said a workable ordinance which could be enforced by the Police Department might result from input. Ray Shoo, 17629 Hwy 66 supported the delay of occult art appeal and wanted prohibition of same. Ed Chapman, 270 N. Laurel said he couldn't see problem with repeal or Ms. O'Harra's concern for licensing since licensing can be done at any time by request of City. Sims moved that letter be noted and placed on file; Acklin seconded the motion. Laws commented that the ordinance to repeal the ordinance on occult arts has aroused more and stronger feelings than anything since be has been on the Council an~ many people are objecting on religious grounds, others feel' it improper on moral grounds/incorrect behavior and lastly people have expressed concern that tourists would be discouraged with the image occult arts would lend and the people involved with such an interest. Laws said although the City should not favor any specific religion he felt that regulation to protect from defraud would be a res- ponsibility of government and that negative images could be discouraged by not allowing permits for such use in downtown area. Laws recommended that licenses should be necessary and similar to the peddler, taxi opera- tor etc. and suggested an ordinance be written to address these concerns. Laws requested that Council consider postponing second reading of the appeal ordinance until a more palatable ordinance (than that last sub- mitted) be drawn up ....... continued 2/17/81 P. 3 ~Sul~L c~ce~ng Ashland City Council 2/17/61 OCCULT ARTS Lithia Way Rezoning St. Imp. Dist. #47 Water System Bond Issue Transfer Approp. With- in Funds Sidewalk Repairs On Sims' motion to file letter, Howard, Acklin, Peterson and Sims voted in favor; Dale and Laws opposed. Laws moved to postpone until compan- ion ordinance could be drawn up for regulating; Peterson seconded. Sims suggested Council wait until they can agree on an ordinance and repeal now. On roll call Howard, Laws and Peterson voted YES; Sims, Dale and Ack~in voted NO. Mayor voted YES to break the tie. Motion carried. Laws outlined requirements for ordinance saying that there should be a police check and fingerprints placed on file and then have recommendatio come back to Council as is customary with liquor licenses. Nominal fee should be charged to off-set somewhat administrative costs. Peterson asked Chief Lively how much time would be spent and he said it is con- siderable. Medaris asked that Laws and Peterson work with staff and City attorney to draft ordinance. Second reading by title only was given an Ordinance rezoning certain land from R-2 to C-1 (Lithia Way, "C" Street & 3rd St.) and Dale moved to adopt; Acklin seconded and on roll call passed unanimously. Second reading by title only was given an Ordinance levying Special Benefit Assessments in Street Improvement District N. 47 and Laws moved to adopt; Peterson seconded and the motion passed unanimously on roll call vote. A corrected Resolution calling an election for March 31, 1981 for Bond Issue for improvements to City Water System was read and Laws moved to adopt; Peterson seconded the motion which passed unanimously on roll call vote. A Resolution transferring appropriations within funds was read and Laws moved for adoption; Peterson seconded and on roll call passed without opposition on unanimous vote. A Resolution was read directing the City Administrator to issue notices of sidewalk repairs pursuant to Sec. 13.04.060 of the Municipal Code. Howard moved to approve; Acklin seconded the motion. City Administrator Almquist said it has been thirty years since a City-wide sidewalk repair project has been done and noted there have been a number of pedestrain falls due to disrepair of sidewalks. Dale wondered if the 30-day notice would give property owners ample time to comply. Almquist said there is a case in Oregon Superior Court which would prove to make the City liable if necessary repairs are not done. Howard brought up the jeopardy by not enforcing the 30 day limit of time for repair by the ordinance. Alm- quist said we are planning to hire a person to approach the property owne on a person to person basis and that process will begin at the end of thirty days. Laws suggested getting a contractor who could do all of the work over a short period of time and for this reason we could probably get a good price for the property owner. Laws said that if the City coul~ help make it more economically feasible by giving steady work to one contractor and that there is enough leverage (between $150-300 per job) to make it worthwhile for the contractor. Mayor suggested having a "Repair Sidewalk Month". Council agreed that property owner can do the work himself if he chooses. Passed unanimously on roll call vote. 2/17/81 P. 4 ORDINANCES, RESOLUTIONS CONTRACTS cont. Senior Program Board PROCiAMATION "Buckle Up Babes" Monthly Reports ADJOURNMENT Laws outlined the need to bring the Senior Program Board's guidelines up to date by replacing the original enabling resolution with one being presented. Almquist read the Resolution and Peterson moved to adopt; Howard seconded the motion which passed unanimously on roll call vote. The M~,yor commended Laws on his diligent efforts on behalf of the Program. A Proclamation written for a new con~nunity-based program called Buckle Up Babes of Jackson County was read declaring "BUCKLE UP BABES DAY IN ASHLAND" for Wednesday, February 25, 1981. Received and placed on file on motion of Laws; Peterson seconded and motion passed unanimously on voice vote. Meeting adjourned at 9:05 P.M. Nan E.~Fran~lin City Recorder L. Gordon Medaris M~yor ih 2/17/81 5