Loading...
HomeMy WebLinkAbout1977-0419 REG MINMINUTES OF THE REGUIAR MEETING ASHLAND CITY COUNCIL April 19, 1977 PLEDGE OF ALLEGIANCE AND ROLL CAlL APPROVAL OF MINUTES PUBLIC HEARING - Sims' Fence PUBLIC HEARING ~ Goddard Sign The Pledge of Allegiance was led by Mayor Gary Prickett and the meeting was called to order at 7:30 P.M. on the above date in the Council Chambers. Present were Councilmembers Phelps, Ragland, McCannon, Laws and Hamilton. Drescher arrived at 7:37 P.M. McCannon moved for approval of minutes of the regular meeting of April 5, 1977; Hamilton seconded and on voice vote, all YES. The Staff ReFort on the request ~or Zone Variance No. 286 by E. E. Sims was reviewed by Planning T~ch. Winterowd who shewed slides of the site at 111 Granite where a 48" cyclone fence was requested to be erected on a 20" ~etaining wall. Winterowd reFerted that there are no fences over 49" in height and that one home has hedg~ 66" high, and cited the reasons based on criteria that the Plan- ning Commission voted against the motion to approve the variance as requested by Sims. E. E. Sims said his main concern is for the safety of his three- year old son who often runs into the street where he could be hit and to keep him out of other people's yards. He stated that he is not concerned about whethar people like his choice of £ences or not and reiterated h~s constant worry for his s~n's Sims said he would settle for a 42" fence a~d addec~ t~at his son has fallen off the retaining wall as it fs now and that others could also fall. Winterowd explained that S~ms could have only 22" ~ence because of the 20" wall because of visibility necessac~ along the property line in the front of the property. Counc~lm/=~ Laws suggested to Sims that ha consider a back yard for the young ster to eliminate the prcblem. Lyle Stanley of 939 Valley Vie~7~ gaid that under the Constitution a man has a right to protect h~ family and that should anything happen to Sims' sen, the City viii be responsible. Sims said again that he would accept a 42" and Winterowd said that he would still need a variance. Laws suggested that if the backyard were fenced, the boy would ha~e backyard and the side yard to use, and moved to deny appeal froz decision of Planning Conmission; seconded Dy Phelps. Laws, Hanoi7 ton and Phelps voted in favor of the motion; Drescher abstained having missed part of the presentation; and Rag]and and McCam~e'~ opposed. Motion to deny carried. Because he is Appellant, Ragland asked to be excus~d ;~nd moved the audience. Winterowd showed slides of area and sk..~tch proposed for the motel being developed by Frank Goddar~ passed by the Planning Con~n~ssion and now being apr. ealad by cilman Rag]and. Mayor Prickett said the sign ordinance 5nt. en~i · that a]] exposed lighting woti!d have to be shielded so direct rays would be avoided. The three variance criteria were and City Administrator Almquist explained origi~al it~Z~et3t sign ordinance on caricature and thret; dimensio!~al abf.!ls as:'! · Regular Meeting Ashland ~ty uouncll__ q/~/!/~[~. !~ Prohibited s~gn variance Proposed Red Baron Motel MINUTES OF BOARDS, COMMISSIONS ALLEY OPENING "C" & EMERICK APPROVAL OF MAJORITY STOCKHOLDER SOCCER CI,UB NOISE PEP~IT that when a slgn is prohibited the variance procedure may not be used and this is s prohibited sign. McCannon asked if there had been any discussion on making the sign two-dimensional and Winter- owd said Goddard claims it is but that it is a matter of ~nterpreta tion. Phelps wondered if the sign would have been allowed in the downtown area and the Mayor said he would have opposed it. The Mayor said the only part of the sign which is objectionable to him is the caricature on the top of the sign and recommended that the variance be denied and recalled the prohibited use of the Kentucky Colonel and discontinuance of flashing signs. Ragland spoke from the audience saying that the reason he appealed this is because a variance was given a prohibited sign and said he was here when the ordinance was written and remembered certain signs we would be eliminating by the ordinance and to allow this would be opening up signs of big hamburgers, Kentucky Colonels and other trademark signs in direct conflict of ordinance's intent. McCannon moved to deny variance and approve appeal; Drescher seconded. The findings of fact were included. Motion passed on roll call vote with all i~ favor; Ragland abstained. Mayor Prickett recommended that the Plaz ning Commission reevaluate the ordinance as it relates to bulbs, neon tubing etc. Laws moved a letter be written to the Planning Commission telling them that it is our interpretation that it is not to allow variances to prohibited signs such as exposed light-- ing, neon tubing and three dimensional signs. Mayor suggested that all direct lighting be shielded. Ragland seconded and on roll call, all YES. Drescher moved that minutes of boards, commissions and committees be accepted and placed on file; Ragland seconded. Laws said that in reading the Planning Commission minutes a question came up on proposed change of name on pGrtion of Grandview to the name of "Kneebone" and that he would like to research further on tt~ chang, of the street name. Mayor asked t~t Laws defer issue untr ~ the resolution comes up later on the agenda. On roll call on , ~prova] of minutes motion passed unanimous]~ on voice vote. Mayor Prickett set a public hearing for May 3, 1977 at 7:30 P.M. McCannon moved to approve Buddy Sullivan as majority stockholder of Oak Knoll Enterprise, inc.; Drescher seconded. On Mayor's que~ tion ~s to whether he was going to run tbe golf course, SullivaD said he has a pro to substitute for him until such time as he can move here from Santa Cruz, California as soon as he can wind up his business affairs there. On roll call, all YES. Laws moved to authorize Mayor and Recorder to sign agreement. Mc- Cannor seconded and on roll call, motion passed unanimously. A request from the SGSC Soccer Club for a noise permit for music presentation ("Bluegrass SFecial") to be held on May 15, 1977 fron: 12:00 Noon to 6:00 P.M. was read by the City Administrator. Phe11: moved to approve; Drescher secoeded. Mark Morrisette explained that there would be sufficient supervision of the affair ~nd the music shouldn't bother anyone wLere the event is to take and that to amplify to a great degrade would only distort the so he could see no problem. blayor asked Morrisette to stay in touch w~th the Police Departnncnt in the event help is m:c~,:x' '. AI]Q/22 !~e.Jular Meeting Ashland City Council 4/1~//i _~g. J NOISE PERMIT cont. WATER SAVING DEVICE PUBLIC FORUM Bluebird Park Cornelius Retaining WEll Butler's Resignation Comprehensive Plan COG Budget The recorder asked if the request was also meant tO include City recommendation for a 1-day liquor license, and was told by Morris- ette that City approval'is not required by OLCC.on 1-day licenses. Motion passe~ unanimously on roll call vote. Deferred until later in meeting. Councilman Ragland reported that contributions for acquisition of Bluebird are still coming in but rather slowly and said he had made a call to the Commissioners' office to see if the County migY be of some assistance in funding for this purpose andwas reminded by Commissioner Sickles that the County had given the City of Ash-- land $3,000 some time: ago to be used for appraisal and/or acquisi- tion of property for the Ashland Greenway and suggested that gmour be used for this purpose. Ragland moved to place on agenda; Laws seconded and cn roll call, passed unanimously. Ragland moved to use $3,000 and interest accrued along with contributions for acq- uisition of Bluebird Park. Drescher seconded and motion passed unanimously on roll cell vote. City Attorney Salter said there would be nothing to gain by furth~ discussion on the retaining wall claim since the Court will have it's own answers. Drescher moved to follow Salter's suggestion to deny and allow to go to court; second by Phelps. On roll call. Phelps, Drescher, McCannon and Ragland voted for the motion. La~;~ voted jn opposition and Hamilton abstained. Motion carried. A letter of resignation from Joseph M. Butler, Recorder, was read by the City Administrator. McCsnnon moved to accept with re,rats: Ragland seconded and on roll call motion passed unanimously. Mayor suggested that Butler prepare an outline of duties and expe~ ience needed and that applications should be s~mitted to City Administrator Almquist and hopefully a replacement might be apFointed at the next meeting on May 3rd. Mayor appointed Nelson. Butler, McCannon, Hamilton a.d Phelps to a committee to screen an recommend reFlacement. Prickatt noted that applicant mast be a registered voter and resident of Ashland and suggested connnittee have its first meeting after meeting adjourns. Planner Himes gave a status reFort on Comprehensive Plan and note that citizen participation shculd continue throughout the process and that he would recommend that COG be used until completion of the plan at a cost not to exceed $800 and added that the Plan should be ready for Council hearings during August. A]mquigt sai the money for COG's services would be funded by LCDC. Phelps miDv to have COG complete services for the $800; HamilEon seconded on roll call, all YES. Mayor Prickett asked that a copy of COG's proposed budget be made available for the next fiscal year to ascertain if Ashland is, in effect, paying for services already available within COG. 4/1~/77 Pg. 3 .2{eguj~_U Mu_~!tj_ng Ashland City Council __~ A/I~Jl/I l'jl'. q- Ordinance - Improve. Hersoy St. Ordinance - Set public hearing Oak Knoll Annexation Ordinance prohibiting use of Skateboards in certain areas Planning Commission Requirements, Bonding Resolution - Zoning Ordinance Violation penalty to i~fraction Resolution - "B" St. Stop Sign Resolution to rename Grandview (ptn.) to Kneebone Dr~ve Ratification of Contract addendum - Laborers Union #1400 Liaison Reports Lithia Mill Property COG First reading was given an ordinance authorizing and ordering th~ improvement of Hersoy Street between Mountain Avenue and North Main Street under the FAUS program. Ragland moved to second read ing; Drescher seconded and on roll call, all YES. ~ City Administrator Almquist gave first reading of an ordinance ~ calling a public hearing on the proposed Oak Knoll Annexation for June 7, 1977, McCannon moved to second reading, seconded by Hamilton and passed unanimously on roll call vote. First reading of an ordinance relative to the use of skateboards in certain areas was given. Drescher thought the bike ordinance should have been amended and Laws agreed. Ragland moved to secor reading; seconded by Laws and McCannon, Laws, Phelps, Ragland and Hamilton voted in favor of the motion. Drescher abstained. Almquist gave first reading of an ordinance relative to bonding for Planning CoFmission requirements. Drescher suggested that Yand" be added~snd ~11 of "(1)" beI deleted. Ragland moved to so amend and pass to second reading; Hamilton seconded and on roll call vote motion passed unanimously. City Administrator Almquist read resolution of intention to con- sider amending the Zoning Ordinance so as to change the penalty for violation to infraction. City Attorney Sa]ter explained that rather than a jail threat by violation an infraction would be mot enforceable by imposing a maximum fine of $100 per day. McCannor moved to adopt; second by Ragland and on roll call, motion carrio unanimously, A resolution was read designating the location of a stop sign at the intersection of "B" Street and Mountain Avenue. Drescher moved to adopt; second by Hamilton and passed unanimously on roi7 call vote. Laws moved to table resolution until he can research background. Ragland seconded and motion carried with all members voting YES, Drescher moved to authorize Mayor and Recorder to sign Contract Addendum with Construction Laborers Union, Local #1400 for perio~ July 1, 1977 to June 30, 1979. Hamilton seconded and motion passed unanimous]y on roll call vote. Mayor Prickett reported that he had met with Commissioners and ~v given extension until July 1, 1978 to pick uD Lithia Mill properL for $80,00~ - option to be secured by $1.00. Drescher moved to place on agenda; seconded by McCannon and passed unanimously on voice vote. Drescher then moved to exercise option and authoriz- ing Mayor and Recorder to sign and submit check for $1.00; aecon by McCannon. On voice vote, all YES. Laws reported that a Management Technical Committee made up of technic.3] people ~n the Count7 including City Administrator qnist had elected Laws as Chairman, Jean Barlow as V[ce-Cha:ir'~an and Don ,~'iinear as Secretary. /,..']a./7/ P~. 4 COG Report cont. Laws said that requests for technical assistance come in and that Grants Pass has reque$te~ help to do its Comprehensive Plan, as an example. Laws pointed out that COG has reviewed some ten ~tllion dollars in grant applications and that two million has been proposed for state-wide use. Laws said he hoped that the technical assistance available would help avoid mixups as happene in the Talent water issue and agreed that the budget of COG at present which is not conforming to state budget laws could he improved. Meeting adjourned at 9:00 p.m. " Ga~yL.7~ickett Mayor