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HomeMy WebLinkAbout1973-1002 REG MINMINUTES FOR TIIE REGULAR ~IEETING ASHLAND CITY COUNCIL October 2, 1973 ROLL CALL APPROVAL OF MINUTES PUBLIC FORUM UNFINISHED BUSINESS Lithia Springs Public Hesring Contin- uance on Planned Unit Developments NEW & MISCELLANEOUS BUSINESS Annexation policy The regular meeting was called to' order by Council Chair- man Roble st 7:30 p.m. on the above date in the Council Chambers. Conktjn, McCannon, Allen and Prickett were present. Soderberg arrived;at ?:3S. Mayor Pries was absent. Roble requested that the minutes of the regular meeting of September 18, 1973 be corrected to reflect a "Yes" vote in the fourth paragraph on page three. Prickett moved for acceptance of the minutes as corrected and placed on file. Passed unanimously on voice vote. There were no comments from the audience. Prickett, Chairman of the Council committee studying the proposed dedication of Lithia Springs property for park purposes, said that further study is necessary before a .rellort can be submitted to Council and requested that such report be postponed until the October 16, 1973 meeting of the Council. Hawson explained changes made in the PUD ordinance as a result of the initial public hearing. Prickett restated oppositjon to the "comlaercial and industrial" clause in the ordinance saying that there could be no control over wLo supported the commercial part of the development and suggested that conlmercia] development should come ]n the final stages of completion. Allen said that all amenitSes should be in the first sta!!e. Prickett said that it would seem that jf you build 25% of development that there would be a lag in that it would take 100% support. Soder- berg agreed with Allen and said it would not be fair to wait until last to develop commercial part as the pur- chasers should get what they were promised ]n the way of services. Roble said the key word "n~ay" would give the Planning Commission sufficj. ent control. SoderberR asked Public Works Director Alsing why the City did not ]lave a contour nlap like the one Bear Creek Valley Sanitary District and other agencies have. A!s:ii~g said the City could not afford the surveying and other costs, SodetherS suggested Staff might get some roans for the City and would like to kuew how mocb they wbuld cost. Roble directed staff to get costs prior ~o next year's budget. Rohle called for a vote as to whether the ordinance should ~o to fi~rst reading tonight since it was not on th~ ~cnda. On roll call vote, Allen, Soderbcrg, Prick- ett, McCannon and Roble voted against the motion; Conklin vote~ v~. City Admiuistrator Almquist submitted memo concerning annexation policy a~/d street assessmellt practices to the Planning Commission and Zonjn~ Adjnstulent Committee. Soderberg moved for acceptance of memorandum and to take no further aclion. On roll call vote, all YES. /t" 2' 7 ~ Regular Meeting Ashland City Council Page 2 TOPICS City Administrator Employment Agreement ORDINANCES, RESOLUTIONS AND CONTRACTS Taxicab Franchise Excavation of newly paved streets Sign Ordinance City Administrator Alm~uist said that the State Highway Division had bid opening on TOPICS project to widen Siskiyou Blvd., from Wightman to Walker Avenue and that only one bid was received in the amount of $257,500 from Lininger & Sons. The City Administrator said it would be necessary to advance deposit in the amount of $90,250. Staff recommended accepting the Lininger bid and that the source for funding the difference would be Federal Revenue Sharing or Interfund loan although the Interfund loan is not recommended. Conklin moved that We accept this bid & allocate Reven~e Sharing funds to it. Prickerr said'we are having a meeting relative to revenue sharing and won- dered if the matter could wait until after the meeting. City Administrator Almqulst advised that the bid must be accepted within ten days. Conklin changed his motion to accept the project. On roll call, Conklin, Roble, Pric~et% Soderber~ and McCannon voted YES. Allen abstained. City Administrator Almquist requested renewal of employ- ment agreement for three years with no changes in the original agreement. Prickett moved for renewal. On roll call passed unanimously. City Administrator Almquist gave second reading by title only of an ordinance amending Ordinance No. 1746 which pertained to exclusive franchise for operation of taxicabs. Soderberg moved for adoption. On roll call, all YES, City Administrator Almquist gave second reading of an ordinance prohibiting excavation of newly paved or resur- faced streets. Conklin moved for adoption. Passed unan- imously on roll call vote. City Administrator gave second reading by title only of an ordinance amending Ordinance No. 1361 pertaining to the regulation of signs. Conklin said he still feels that there are sections of this ordinance which are unconstit- utional and would hope that the Council would reconsider. McCannon moved for adoption. William Deatherage spoke from the audience stating that he and E. R. Bashaw were retained by the Ashland Business Council of which Robert Voris is spokesman for the group of one hundred ten members. Death- erage reviewed his objections and called the ordinance "vague and unenforceable." He cited the section relative to signs attached to vehicles as unenforceable and out of the realm of zoning. Deatherage further criticized provis- ions which would eliminate neon signs, control colors, dimensions, exposures and declare certain signs "nuisances". He warned that not giving compensation for signs which would not qualify under the code would be to involve yourselves and to become runetable to law suits and further stated that h~ and Bashaw were hopeful in trying to work out a com- promise which would preclude high legal expenses for their clients. Bashaw said that it is difficult, if not imposs- ible, for a city to control what it considers a nuisance. Bashaw asked Council to think about the ordinance a little longer, to do more research and that he and Deatherage would appreciate an opportunity to discuss the code before passing it. Prickett asked City Attorney Salter for his comments. Salter agreed that the provisions regarding vehicles could be difficult to enforce and many other areas of the ordin- ance are based on esthetics and we are breaking new ground. Salter went on to say that the ordinance may well be chall- enged in court and that perhaps the task of getting such an ordinance through should be left to a city with more resonr- ces for litigation. /~,~7~ _ _Regular Meeting Ashland Cjtv Couhcjl Pale x ORDINANCES, RESOLU- ]'IONS ETC., cent. Sign Ord. Conklin said there aren't that many signs in Ashland and since we are prohibiting a number of new signs, we should allow what is here to stay. Allen asked the attorneys appearing for the Ashland Business Council where the)' had been during all of the previous meetings, study sessions and public hearings. Deatherage said he and Dashaw he jus~ been retained. Soderberg asked that the opponents be identified. Bob Voris of 633 iowa said that the business community had been fighting the sign ordinance for eight years and at this point the 110 members felt they should be represented to see ~.;hat can be done so the orttinance doesn't get passed. McCannon asked City Attorney Salter if he would like more time. Salter said there had been no more cases in Ore. gon and that we should know we are always in a position that me could create expenses through a challenge of the code. Prickett suggested that the City Attorney get together with the Ashland F, usiness Council's attorneys and members to make the ordinance right. Soderbcr~ said that we have felt we didn't have opposition from the 110 people daring the four drafts of the ordin- ance alld she wollld be in favor of setting tip another meet- in~ but wondered where they have been. Position Class. Load Limit Ordinance Plant Expansion Plans & Specificati6ns Christmas Lighth~g Prickett said he had two calls of support on the measure and Roble said Joe Sayera wanted to go on record as being in favor. Prickett asked Salter to make recommendations to Council. McCannon withdrew the prior 'motion and moved to postpone action until the regular meeting of October 16, 1973. On roll call vote, passed unanimously. City Administrator Almquist gave first reading of an ordin- ance amending Ordinance No. 1415 as amended by Ordinance No. 17] 3 which adopted and created a position classific~ . ation plan. Conklin moved to second reading. On roll call passed unanimous ly. City Administrator Almqujst gave first reading of an ordinance providing for a m~ximum load limit on certain streets in the City of Ashland. After considerable dis- cussion, Prickerr moved that na~sage to second reading be postponed until October 16, 1973 and that Staff bring back recontmendatlon. ~ roll call, Allen, Roble, McCannon, Sod- erberg arid Prickerr voted in favor. Conklin abstained. City Adlnjnjstrator Almquist read Resolution approving plans and' specifications for expansion and inlprovcmcnt of Waste- water Treatmcnt Plant. Almquist said that bids would be opened on November 13, 1973 at 2:00 p.m, and submitted to Council for award. Plans were sheran and Almqujst pointed out that specifications allowed 36B days for completion. McCannon moved for adoption. On roll call, all YES. Roble said that people had been asking about Christmas lighting and asked that Staff advise on kilowatt energy so that CoLmoil can make decision on downtown lightinl'~. Prickerr said that there is a serious safety factor in that the area around Prancis Lane is in total darl¢ncss after tile store!~ close. City Administrator Almquist sa~d that lhe light po]c had been removed during construction and that lightin~ would be provided by a temporary pole immedi a tely. /~7 -- 2- '/3 Centennial Committee Park Closure Adjournment Soderberg set October 23, 1973 at 7:30 p.m. for a meetj~ of the Centennial Committee of which all members of tb Conncil have been appointed. John Darling of Wjmer Street presented a pctition signed by citizens asking for closure of Winburn Way from Nutley to Granite Streets to make total park of that area. Petition was given City Administrator Almquist who will include it on the next agenda. Meeting was adjourned at 9:15 p.m. Mayor