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HomeMy WebLinkAbout1974-1203 REG MINMI:IUTES }'OR THE REGLIAR )~ETI.YG ASHLA);D CI~ COL'NCIL December 3, 1974 INVOCATION ROLL CALL APPROVAL OF MINUTES Council 11/26 Parks & Rec. 11/14 Landlord's Waiver McGrew Bros. Commissioner Meyer Resignation PUBLIC FORUM PUBLIC HEARING Reverend Carl Lewis of Free Methodist Church gave the Invocation followed by the Pledge of Allegiance. The meeting was called to order by Council Chairman McCannon at 7:30 p.m., on the above date in the Council Chambers. Al!en~ Ccnklin and Prickett were present. Soderberg arrived at 7:45 p.m. Butler requested a change in the Minutes for the Regular Meeting of Novem- ber 26, 1973 as follows: On Page 1 in the 5th paragraph it should read that "jim Ragland be nominated to fill Council vacancy". ~e ~inutes were then approved as corrected. Conklin moved that minutes of the Parks & Recreation Commission for meeting of November 14, 1974 be accepted ~nd ~laced on file. Prickerr seconded and motion carried on ~nmnimous voice vote. City Administrator Almquist read letter from McGrew Bros.~ resuesting the the execution of Landlord's Waiver and Consent in order that they may cons- truct a small b~ilding to house l--r_~ber wrapping and strapping machine. Prickerr moved and Allen seconded that request be granted ~nd authorization be given Council Cqairm~ and Recorder to sign document. On voice vote, passed with all YES. City Administrator Almquist read a letter from Planning Commissioner Raglan~ announcing the resignation of A1 Meyer frc~ the Planning Commission and recommending appointment of Don Skillz~n. Conklin pointed up that only two members were al!Dwed to serve while living outside the city limits and that two were already serving. Sizca Don Skillman also lives outside the City, he was ineligible. Prickett moved to accept letter and place on file; Conklin seconded and motion passed without opposition on voice vote. Murray Gardner of 1340 Ponderosa complained that the message at the top of the'agenda inviting participation from the audience at Council meetings was not readable and asked that Council Chai~an McCannon read the message for the benefit of the audience which McC~non did. McCannon asked concurrence of Coun&il to change ageride order to bring matte~ of S. Mountain traffic ahead of other items because of the large number of citizens present to participate in public hearing. On behalf of che Traffi~ Safety Commission, Director of Public ;Corks Alsing showed a ,-nap of the area ahd outlined reco~___endations of cornissien including removing stop sign on ~ corner of S. Mountain & Ashland Sts; that stop sign on NE corner remain but changed to allow "right turn permitted!'; that stop signs on SE & SW corners remain as is; that stop signs at Pleasant Way be removed and that pathway be included in plan down the east side of Mountain from Pleasant Way to Ashland Street. The public hearinR was opened. Speaking in favor of retaining stop signs etc. were tbe followimg: Elliott MacCracken of 645 Glenwood, Pauline Hester, 521 S. Mt., Bill Muelemans, 605 S. Mt., Jim Jeffries, 593 S. Mt,, Paul & MarJan Willis, 625 S. Mt., 12/~/74 Pg. 1 ReBu_I:.A.',~eeting Ash].and City Council Public Hearing Cont. A1 Boysen, 612 S. Mr., Tom Pyle, 571 S. Mt., Marilyn Kochs, 600 S. Mr., S. Mt. & Ashland Sts.Bob Bernard, 99 8 S. Mt. Bill Meulemans presented petition supporting reten- tion of stop signs which was signed by thirty-two residents on effected streets. Speakin~ against stop signs were the following: O.Z. Howard, 1170 Prospect, Joe & Betty Butler, 789 S. Mr., Jean Webb, 807 S. Mr.,' Dr. B. A. Cope, 1095 S. Mt., F.L. Moore, 1120 Emma Street, and Don Wolff 1085 Emma Street. Bob Bernard suggested that S. Mountain be given high priority on sanding operation during inclement weather so that the five physicians who live in the area can respond to calls and have access to to~. Councilman Allen said he lives on S. Mountain and reconnmended that stop be left the way they are. Soderberg agreed and moved to reject the recom- mendations of Traffic Commission and to study matter further next year shoul~ it be deemed necessary; Conklin seconded and on roll call all YES. Council Vacancy Council Chairman McCannon explained that he had requested that item be placed on agenda to fill Council vacancy but that procedural policy had caused difficulty when it was thought that a 2/3 vote was necessary rather than majority vote to place an item on aKenda and that if such procedure was not null and void then the election to the Council of Jim Ragland would be proper. McCannon asked opinion of City Attorney Salter. Salter explained that Roberts Rules of Order will not supersede the Charter . McCannon declared in this instance that Jim Ragland is new Councilman. Allen questioned Salter on~ effect of Mayor's declaration that election'was null and void and Salter explained that Mayor so declared on his recommenda- tion which had been in error. Conklin read a statement criticizing both Ihe Daily Tidings and Councilman-elect Hoffarth for calling him a "lame duck" and that he planned on fulfilling his term of office based on the Oath to serve until December 31, 1974. Prickerr moved for reconsideration of the vote stating that he felt sure that Ragland qualified without question but that others should be considered Allen seconded. McCannon said that nothing wrong was done last week and that Council members were aware that Roble had plmnned to resign but not exactly when and he felt that the place should be filled immediately so that a lack of quorum would not become a difficulty. Prickett suggested that should other problems arise in the future that the Council members be polled Soderberg warned Council that since the procedure was preper in election of Ragland that there might be legal question as to whether he could be expelle by Council. Salter said that affirmative votes cannot be reconsidered when someone is elected to an office and has not learned of such election and/or has not declined. On McCannon's question as to whether motion to reconsider is out of order, Salter explained he felt it was but that he had not had time to research it completely and it could be case for court decisiou. Prickett withdrew his motion to reconsider: Allen withdrew his second. McCannon declared Ragland elected to Council. Prickett recommended that a study session be called for matters such as selecting a new member and that Counci~ structure can be changed. 12/3/74 Pg. 2 Regular MeetinB Ashland City Conncil Page 3 Multi-'service Center Airport Repair Public Hearing Wholesale Nurseries Site Review Dog Control Allen reported that the Multi-service Center is off to a good start and moved that funding be continued until June 30, 1975, and that it be funded out of continRency fund until the next budget session. Conklin seconded. On Prickett's question as to whether food stamps were helping at the Center, Allen stated that the Welfare agency has not located at this center but that there are eight oPerating agencies. Soderberg said the Community Development Act of 1974 will provide 100% funding if the City of Ashland requests the grant. Mrs. Elaine Shanafelt repQrted that Janet Mayo, Coordina~or,,is doin~ excellent Job and that she would research possibility of funding from Com- munity Development Act. Soderberg reminded Council that the proposed date for Ashland to get a new National Guard building. is 1977, that a site needs to be purchased and the present facility sold. The deadline for application is April 15 for this year's funding and July 1st for next year. On Allen's motion to fund until end of fiscal year; carried unanimously on roll call vote. City Attorney Salter reported that use of flood restoration funds for rip rapping of airport is proper. Prickett so moved; Soderberg seconded. .Atsing reported that $2,500 is being used for labor and materials and proposed that we use some of our own equipment and labor. Prickett said that a request should come from staff on use of flood restoration bonds. Almquist and Als~n said this is the reason they are making the request. On roll call, Allen, Soderberg, McCannon and Conklin voted YES. Prickerr opposed. City Administrator Almquist read the Planning Commission resolution and opened the public hearing. There were no comments from the audience and matter was deferred until later in the meeting. City Administrator Almquist read the resolution of the Planning Commission relative to amending the Zoning Ordinance establishing a site plan review. Chairman McCannon opened the public hearing. Marge McDowell, 237 Almond St., recommended passage. Marion Krebs, Ashland Shopping Center, said he would comply with the ordinance on additions to shopping center but wanted assur- ance that such ordinance would not be made retroactive to original develop- ment. Soderberg cautioned that we shouldn't approve something that would be too costly for a developer. Planning Commissioner Hampton suggested a clause on question of retroactive policy to clarify meaning and added there had been two "NO" votes relative to agreement on future street improve- ments (Page 3). Hampton said the resolution is not aimed at the people who meet all of the requirements but those who try to get by with minimum standards. Public hearing was closed by Chairman McCannon. Soderberg would like to see a draft brought back to Council showing any changes. Prickett suggested the addition of a clause npw to clarify the ordinance as being nonretroactive. McCannon reported that the County Dog Control has asked that we have specifi~ ordinance provisions in addition to state and county laws and asked that Council accept dog control recommendations and that City Attorney Salter be directed to draw ordinance. Conklin said we need dollars and cnforcement if we are going to adopt an ordinance. Prickett moved to go through recom- mendation. Allen seconded and on roll call Allen, McCannon and Prickett voted YES. Conklin and Soderberg opposed the motion. Prickett moved to eliminate No. 4 - number of dogs per family, because it is already covered by ordinance. Soderberg seconded. After some discussion, Prickett withdrew motion and moved to defer matter to January 7 meeting; Conklin ~econded. Soderberg said if Parks Commission wants to eliminate dogs from Park they should initiate the ordinance. On roll call to defer to January 7, Allen, McCannon, Prickerr and Conklin voted YES. Soderberg NO. ~.!~ D~ ~ ReBu~ Meeting Ashland City Council Pa~ ~,~. Flood Insurance ORD.,RES. & CONTRACTS Site Review Amended Site Review Wholesale Nurseries Mayor Archie'C. Fries Resolution William P. Roble Resolution Electric Rate Nomination City Administrator Almquist presented memorandum from Finance Director Nelson recommending the water filtration plant be insured against floods for $100,000 on the building and $I00,000 on contents at $1,150 per year. Prickett so moved; Conklin seconded and on roll call, all YES. Prickerr asked that matter be handled as expeditiously as possible. City Administrator Almquist read Site Plan Review Ordinance. Prickett wondered if it should be sent back to the Planning Commission for concur- rence. Conklin moved to add clause on non-retr~active provision; Prickett seconded. Hampton said such amendment would be acceptable to the Planning Commission. On roll call on amendment, all YES. City Administrator Almquist read amended ordinance including clause pro- viding non-retroactive provision. Prickett moved to second reading by title only as amended; Conklin seconded. Allen questioned 18.54030 (C) and 18.54040 (H). Prickett moved to amend Sec. C to include area for recreation to be included in landscape requirements. Allen seconded. On roll call on amendment, passed unanimously. On Prickett's motion to passto second reading as amended; Conklin seconded and on roll call, all YES. City Administrator Almquist read ordinance relative to amending Zoning Ordinance to provide for wholesale plant nurseries being considered as conditional use in R-3 zone. Conklin moved to second reading; Soderberg seconded and on roll call, passed unanimously. City Administrator Almquist read a Resolution on behalf of service of Mayor Archie C. Fries who had recently resigned as Mayor of Ashland. Prickett moved for adoption; Conklin seconded and on roll call, all YES. City Administrator Almquist read Resolution commending Councilman Roble for his service. Prickett moved for adoption; Soderberg seconded. Motion carried unanimously on roll call vote. Soderberg asked for reconsideration of electric rate issue saying she felt present Council responsible to act on matter. Prickett suggested further evaluation and added that City is not in jeopardy if item is not finalized since there is unbudgeted money in Revenue Sharing account if expenditure is deemed necessary. Motion died for lack of a second. Prickerr recommended that nomination procedures be redone in the event City Attorney Salter's research proves he (Prickett) was right on legality question and Salter was wrong. Prickett moved to ratify election; Conklin seconded. On roll call, Soderberg, Conklin and McCannon voted YES. Allen and Prickett opposed. Meeting adjourned at 10:50 p.m. ,~t~ 7~co<'derZ ' Council Cl~airman 12/3/74 Page 4