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HomeMy WebLinkAbout1972-0919 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL September 19, 1972 ROLL CALL: The regular meeting of the Ashland City Council was called to order at 7:30 p.m. on the above date in the Council Chambers, Ashland City Hall. On roll call: all present. APPROVAL OF MINUTES: Willstatter requested a change in the minutes of the regular meeting of September S. On page 4, paragraph 3, Willstatter wanted the minutes to reflect that he was opposed to the total budget as proposed, and also, the possible obligation of future funds. Soderberg requested a change in the minutes of the regular meeting of September 5, page 4, paragraph 6. She added that the City Council should be reminded that the original proposal was for 25% of the business tax proceeds. Willstatter then moved that the minutes of the special meeting of August 31, the regular meeting of September S, with the changes, and the adjourned meeting of September 12 be approved as corrected. McCannon seconded. On voice vote, passed unanimously. DEPARTMENTAL REPORTS: Conklin requested information concerning the public works montl~ly report. The question was on page 2, number l(e), con- cerning preliminary levels along the east side of Bear Creek 3000 feet from Nevada Street to North Mountain Avenue for a proposed sewer line. Alsing noted that a letter had been re- ceived from a property owner in the unsewered area of North Mountain Avenue requesting information on how and when the property might be served by sanitary sewer. A surveying project was part of the investigation. Conklin indicated that if any deviation was made from the adopted sewerage plan that the deviation must be approved by the City Council, unless all the cost was paid for by the property owners. The Mayor stated that if there was any deviation that he was sure it would come to the Council. Soderberg moved to accept and place the departmental reports on file. Roberts seconded. On voice vote, passed unanimously. STREETS & TRAFFIC COB~ITTEE REPORTS: PARKING Mrs. Soderberg reported that the Streets & Traffic Committee met PROHIBITIONS: with the citizens on Baum Street. The committee has agreed to Baum Street place no parking prohibitions on Baum Street~ but to paint curbs at driveways and corners. PARKING PROHIBITIONS: Ashland Street The committee met with the residents on Ashland Street and their recommendation to the City Council is that no parking be per- mitted on the south side of Ashland Street from 8 a.m. to 4 p.m. Staff was instructed to paint driveways and corners back. Soderberg then moved that the staff be directed to draw up the proper ordinance to provide no parking on the south side of Ashland Street between Mountain Avenue and Beach. Conklin seconded. On voice vote, passed unanimously. ~eting ASHLAND CITY COUNCIL Page SAFETY F~ZARDS: Siskiyou Blvd. SPEED CONTROL: Tolman Creek Rd. to Park Street RESOLUTION: Installation of Sidewalks The Streets & Traffic Committee received petitions from over 400 people in Ashland regarding traffic on Siskiyou Boulevard. The committee's recommendation is to ropose an assessment from Park Street to Tolman Creek Road and t~at sidewalks be installed on both sides of the Boulevard to provide traffic protection for children using the Boulevard going back and forth to Bellview School. Soderberg stated that there was a resolution before the Council to call for a public hearing regarding the sidewalks and curbing as required by law, and a resolution requesting instal- lation of parking prohibitions on Siskiyou Boulevard. Soderberg then moved for the reading of the resolution regarding parking prohibitions between Park Street and Tolman Creek Road on Siskiyou Boulevard, and to request the State Highway Department to install the appropriate signs. Soderberg mentioned that it is against the law to park on the shoulders of the highway, and that people are not always aware of this prohibition. Something should be done immediately, she said. She also requested the staff to use temporary means to alleviate the situation. Willstatter seconded. On voice vote, passed unanimously. City Administrator Almquist read the resolution requesting parking prohibitions on Siskiyou Boulevard between Park Street and Tolman Creek Road. Soderberg moved for the adoption of the resolution. Willstatter seconded. On roll call, passed unanimously. Soderberg noted that the City Council had authorized requests two times this year to tl~e State Highway Department that the speed zone be reduced between Park Street and Tolman Creek Road, and the City lxad been denied reduction both times. She noted that the original request was for the full day; the committee made no distinction for school time. This is a very heavily congested area. She then moved that the City Council send another letter to the State Highway Speed Control Board relating to the fact that a number of petitions have been received requesting that the speed between Park Street and Tolman Creek Road be reduced to 30 miles an hour. Conklin seconded. Under discussion, ~cCannon thought that 30 miles an hour was rather slow for times when school is not in session. He would prefer that tl~e time be set between certain hours. Soderberg noted that pedestrians are present all hours. Conklin stated that automobile traffic is very heavy. On roll call, passed unanimously. Soderberg recommended that sidewalks be installed from Park Street to Tolman Creek Road on both sides of Siskiyou Boulevard and suggested that a public hearing be called to consider it. Almquist then read the resolution calling for a public hearing on October 17, 1972, at 8:00 p.m. in accordance with City Ordinance No. 398. Soderberg moved for adoption of the resolution. Conklin seconded. Willstatter felt that first the property owners should be contacted to allow them an opportunity to initiate the sidewalk construction. Administrator Almquist then summarized Ordinance No. 398, pointing out that whenever the Common Council shall consider it expedient to construct a cement sidewalk on any street, the City Recorder must publish an announcement of the improvement or post notices in three conspicuous places on Regul~ ~eeting ASHLAND CITY CO, UNCIL Page Installation of Sidewalks (cont'd.) STATE BIKE FUNDS: Siskiyou Boulevard CO~IMUNICATIONS: Oral CITY PLANNING COMMISSION: Minutes CHAMBER OF COMMERCE: Letter of reconsideration the street to be improved and that all persons affected by tl~e proposed improvement may appear before the Council at the time and place designated. If, after the hearing, the Council orders the sidewalks, the Recorder shall advertise for bids on the construction, and after installation, the costs are to be assessed against the abutting real estate. Roble said he will not go along with forcing property owners to install sidewalks, but would be willing to have a public hearing on the subject. On roll call, motion passed with Willstatter dissenting. Mrs. Joan Mix presented a petition to Mayor McKeen from property owners opposed to the installation of sidewalks, as well as a letter from Don Skillman suggesting a reduced speed limit in- stead of the sidewalks. General discussion ensued, and ended with the ~Iayor reminding the audience that this was not a public hearing, but that a public hearing will be held on October 17. Soderberg stated tt~at the Streets & Traffic Committee asked the staff to check into the possibility of receiving state bike funds on Siskiyou Boulevard. She also requested staff to do some minor improvements on the area. Mr. Bob Voris stated that there are 15 minute parking signs on Oak Street which are for the purpose of serving the customers of the liquor store. The proper time to help the customers would be from 12 noon to 8 p.m., which are the hours of the liquor store. The present signs are from 7 a.m. to 5 p.m. McKeen referred the matter to the Streets & Traffic Committee. McCannon moved that the minutes of the Planning Commission meeting of August 14 be accepted and placed on file. Roble seconded. On voice vote, passed unanimously. Almquist read a letter from the Chamber of Commerce requesting the City to enter into an agreement with them. (See Attachment A.) Conklin wanted to delete 25% of business tax from the contract. Soderberg stated that the City of Ashland and the City Council has enough to do without specifying how the Chamber of Commerce should run its business. The City Council may not advertise or spend city funds for advertising without a vote of the people. Soderber~ moved that the agreement with the Chamber be entered into with the deletion of Section 1 and 2; with tl~e amount of $2,250 inserted in Section 4, and the amount appropriated from business tax receipts in the preceding fiscal year deleted; and 180 days inserted in Section 7 instead of ninety. General dis- cussion ensued. ~Iotion died for lack of a second. City Attorney Salter said that the City would be in a better position without the existance of the proposed agreement. McCannon moved that a meeting be set up between staff and the Chamber of Commerce and recommendations be brought back to the City Council. Soderberg seconded, saying that she wanted l~er recommendations to be reviewed at the meeting also. On roll call, passed unanimously. Regul~ ~eeting ASHLAND CITY COUNCIL Pag~ ANNEXATION REQUEST: Corallo and Sapienza At this time, EXCAVATION ON GRANITE STREET: Vaughn Bornet FINDINGS AND RECOFD.~ENDATI ON: Planning Comm. Printing, Pu]~- ~ishing, Litbi- ography by a C.U.P. RECOMMENDATION: Open space Stewart and Bonnie Johnson FINDINGS AND RECOmmENDATION: Planning Comm. Administrative Procedures of Zoning Adjust. Almquist read a letter from Mr. Ronald Corallo and Joseph Sapienza requesting annexation of a 7.5 acre parcel of land situated north of the Southern Pacific Railroad between Ashland Junior High School and Normal Avenue, for a 50 unit mobile home park. Corallo showed plans to the Council. Almquist noted that the matter could be referred to the Planning Commission for their report and recommendation. Conklin so moved, Roberts seconded. On voice vote, passed unanimously. a 10 minute recess was called. Almquist read a letter from Vaughn D. Bornet, 36S Ridge Road, relative to excavation on Granite Street, north of Winburn Way. Mr. Bornet read a statement reiterating why he was against the excavation, and said that this is a community problem. Soderberg then moved that the matter be referred to the Public Service Committee. Roble seconded. On roll call, passed unanimously. Almquist read a report of findings and recommendations of the Ashland Planning Commission concerning a proposed amendment to the text of the Zoning Ordinance to allow printing, publishing or litbiography in C-1 and C-2 districts by a Conditional Use Permit. He then recommended that a public hearing be set on this matter at 8:00 on October 3. McCannon so moved, Soderberg seconded. Under discussion, Willstatter noted that this would also reflect in the areas of bakeries and other uses, rather than just this one exception. On roll call, passed unanimously. Almquist recommended that a public hearing be set for October 3 at 8:00 on the recommendation to the Common Council concerning an application by Stewart D. and Bonnie Jean Johnson for special assessment of open space land on ?.21 acres at 97S Walker Avenue. Almquist noted that the state law does require that these appli- cations be processed in the same way as an amendment to the Zoning Ordinance. Roberrs moved that the public hearing be set for October S as recommended, McCannon seconded. On roll call, passed unanimously. (See rescheduling of public hearing to October 17 later in the meeting.) Almquist read a report of findings and recommendations of the Ashland Planning Commission concerning a proposed amendment to the text of the Zoning Ordinance relative to administrative procedures of the Zoning Adjustment Committee and appeals from the decision of said committee. He then recommended that a public hearing be set for October 3 at 8:00. Willstatter so moved, Soderberg seconded. On roll call, passed unanimously. (See rescheduling of public hearing to October 17 later in the meeting.) Regu~ - Meeting ASHLAND CITY COUNCIL PaI ~ REPORT: Building Code Review Comm, RESCtIEDULING OF PUBLIC ttEARINGS: LIQUOR LICENSE RENEWAL: Black Forest LIQUOR LICENSE: Boar's Head LIQUOR LICENSE AMENDMENT: Angelo's Pizza Almquist read a report from the Building Code Review Committee concerning the adoption of the 1970 Uniform Building Code, with certain amendments. He then recommended that a public hearing be set before the City Council at their meeting of October 3. Conklin so moved, Roble seconded. Under discussion, Willstatter stated that he would like more information before the hearing. On roll call, passed unanimously. Roble then moved that the public hearing on the findings and recommendations of the Planning Commission concerning an appli- cation by Stewart D. and Bonnie Jean Johnson for special assess- ment of open space land on 7.21 acres at 975 Walker Avenue, AND the public hearing concerning a proposed amendment to the text of the Zoning Ordinance relative to administrative procedures of the Zoning Adjustment Committee both be reset to October 17 at 8:00 (instead of October 3). Conklin seconded. On roll call, passed unanimously. Willstatter moved for the renewal of the liquor license for the Black Forest, 1700 Ashland Street, (R.C. Abel & K. Falkenstein). Soderberg seconded. On roll call, passed unanimously. Almquist noted that the application at Boar's Head, 88 North Main Street, (E. Budge & R. Pope) had been withdrawn. Almquist noted that Angelo's Pizza Parlor was applying for an amendment to an existing license, and that the State Liquor Commission had to give final approval. He also mentioned that the applicant had not yet applied for a conditional use permit. Almquist then read a letter from the applicant concerning the showing of old time movies in the pizza parlor. Willstatter wondered if approval of the amendment could be made contingent upon application of a conditional use permit. Salter stated that the license was originally approved without granting the permit. Soderberg moved that the amendment to the liquor license at Angelo's Pizza Parlor be approved. Roberts seconded. Under discussion, Willstatter stated that due to an oversight ~ p~rt of the Council the applicant was not required to have a conditional use permit, and this obstacle should be overtaken. Salter noted that a conditional use permit could be required before the City again approves the liquor license application. HcCannon moved to amend the previous motion to approve the liquor license change subject to Angelo's getting a conditional use permit. Conklin seconded. Salter said we would be re- quiring the applicant to do something not actually related to the change in license. McCannon and Conklin then withdrew their motion and second. Ctiief of Police Hays stated that the amend- ment the applicant was applying for not only allowed movies, but also other forms of entertainment. Roble noted that the amend- ment could be revoked if there was any problem. On roll call, passed unanimously. Regul-' Meeting ASHLAND CITY COUNCIL Pa~ ~ ORDINANCES, DISPENSING WITH AN ELECTION: 1st reading RESOLUTIONS & CONTRACTS: Almquist read an ordinance dispensing with an election within tl~e City of Ashland on the question of a proposed annexation and setting the time and place for a public hearing on the proposed annexation (Van Vleet and Associates - applicants). Soderberg moved the ordinance to a second reading. Roble seconded. Under discussion, Willstatter stated that time was being wasted entertaining the annexation and said he would Le unalterably opposed to any annexation until the City fulfills obligations to people within the Cit~s boundaries. Conklin noted that he was very much agains~nnexation and would not vote in favor of calling a public hearing. Soderberg stated she felt the City had some oLligation to provide City services when requested. Willstatter said he objected to dispensing with an election; it is the people's choice. On roll call: Roberrs, Willstatter, Conklin - NO; Soder~erg, Roble, ~cCannon YES. The Mayor broke the tie vote by a YES, and the ordinance was moved to a second reading. SUBDIVISION & LAND PART. STANDARDS: 1st reading Almquist read an ordinance amending Ordinance No. 1318, which pertained to subdivision and other land partitioning standards. Conklin moved to pass the ordinance to a second reading. Roble seconded. On roll call, passed unanimously. UTILITY DISCOUNTS: 2nd reading The second reading of an ordinance to provide a program of utility discounts for senior citizens, and declaring an emer- gency, was read by title only. McCannon moved for the adoption of the ordinance. Conklin seconded. On roll call, motion passed with Willstatter dissentinD ISSUANCE OF SEWER BONDS: 2nd reading Almquist stated tl~at it was necessary for the City Council to call a public hearing on the Environmental Impact Statement. Conklin moved that a public hearing be called for on October 17 at 8:00 p.m. Roberts seconded. On roll call, passed unanimously. The second reading of an ordinance repealing Ordinance No. 1743 which provided for an election relative to the issuance of sewer bonds, and declaring an emergency, was read by title only. Conklin moved for the adoption of the ordinance. McCannon seconded. Under discussion, Almquist stated that it would be advantageous to hold the public hearing before the election to provoke public interest and comment. Salter stated that Blr. Raken t~ad said that the City could proceed with the election if it was desired and ask for a Circuit Court ruling on the Charter, but that would involve a large amount of time and expense. The opinion of the Attorney General was considered. (See Attactment B.) Salter then reviewed several items in ttxe letter from the Attorney General, and read sections of the Charter. General discussion ensued concerning the ordinance. Willstatter stated that he had written a letter to Mr. Densmore requesting him to write to the Attorney General. tte also noted that he had hoped to get a determination prior to the primary, but that he hadn't. Soderberg requested that copies of the letter from the Attorney General be attached to the minutes of the meeting. On roll call, motion passed with Willstatter Regu~ · ~eeting ASHLAND CITY COUNCIL Pal ~ ISSUANCE OF SEWER BONDS (Cont'd.) 15 biPH ON WINBURN WAY b~EblORIAbl: E.C. Liegel ADJOURN~IENT: dissenting. Soderberg noted that there must be a solution to the sewage problem as soon as possible, and that this was the most expedient method. Almquist read a resolution providing for a maximum speed of 15 miles per hour on Winburn Way within Lithia Park and providing a penalty for violation of this resolution. Conklin moved for adoption of the resolution. Roble seconded for discussion. Under discussion, Roble ~anted the definition of a motor vehicle clarified. Salter stated that a motor bike was under the classification of a motor vehicle. On roll call, passed unanimously. Almquist read a resolution in memoriam - E.C. "~ike" Biegel. Roble moved for adoption of the resolution. Willstatter seconded. On roll call, passed unanimously· Conklin moved to adjourn; Willstatter seconded; there being no further business, the meeting was so adjourned at 10:00 p.m. Re. spectfully submitted, --,. ~.t , (~'' Jose'ph ~. Butler City Recorder slk DE:PARTME:NT OF jUSTICE: June 5, 1972 The Honorable A], Der~smore State Represem La~:ive 2578 Table Rock Road Medford, Oregol3 97501 Re: Opinj. on request 02-0405 Dear Representative Densmore: This is in r.esponse to your inquiry whether a city council, having once placed a proposed charter revision on the ballot, may th~n withdraw the measure from consideration by the voters. In this case the Ashland City Council submitted proposed amendments to the city charter tolthe voters by resolution dated March 23, 1970 to be voted on at a special election to be held concurrently with the statewide primary election in May, 1970. Subsequently, less than 60 days before the election and too late to remove the proposed amendments from the ballot, the council adopted a resolution repealing the previous resolution and de- claring any vote cast on the charter amendments null and void. The voters subsequently approved the "null and void" charter amendments, and the vote was certified without comment. The city has b~n.operating under the amended charter since that date. The question' before us, specifically, is whether the amendments are now in fact a part of the City charter of Ashland or a mere nullity. .A city operating under a legislative charter (or any other~ city, if its charter does not otherwise provide) may amend its charter under ORS 221.210 which provides that the city counqil may propose a~'~'S=jb~fil~'~£h~ amendments to the people. That statute requires that the amendments" be filed with the city clerk not le~s~han 60~da~s before the. election at which they are to ~ee"~d upon." Th~"'i~h~:~t~"~rovision for subsequent withdrawal of the proposed amendments by the city council, nor are there cases deciding the effect of an attempted subsequent withdrawal. We conclude that the requirement of ORS 221.210 for submis- sion not less than sixty days before the election is controlling, and the city council's resolution declaring the amendments "null ~une 5, 19~z Page 2 and void" had no effect as there was then insufficient time re- maining before the election. The theory on which we rely is that th~ effect of putting an amendment on the ballot and of taking an.a~endment off is iden- tical. That is, both actTons determine'wl~at proposals will be voted on by the people. Therefore, the policy requiring sub- mission at least 60 days before the electlot. in order to change the ballot applies whether an amendmeht is.~eing put on or taken off the ballot. W~ note that oLher statutes and ~6nstithtional provisions provide deadline~ for the placing of names in nomination or placing measures on the ballot. It ~ould hardly be said that the sponsors of an initiahive or refere,ndum, having filed petitions with the necess~,ry number of valid signatures prior to the dead- lines provided by Or. Const. Art IV, S 1 (2) (e) , (3) (b) , could then withdraw the petitions. In contrast, ORS 249.150 and 249.680 specifically permit withdrawal of a candidacy for nomination, but only up to a specified deadline. We have also 'considered the discrepancy inthe date con- tained in the notice of the special election on the charter amend- ments. We conclude that this irregularity would not invalidate the election, given voter approval of the amendments two years ago. "Mere irregularities, not affecting the result, will not be held- 'especially after a lapse of years- sufficient reason to overthrow an election." State ex rel. Weatherford v. Hayworth, 152 Or. 416, 419, 53 P. 2d 1048 (1936). In conclusion, we think a city council which has authority to place a measure on the ballot under ORS 221.210 also has authority to rescind its prior action and remove the measure from the ballot only if this action occurs 60 days or more before the election as provided in that statute. ~e ~oint out, however, that a different result would be pos- sible under a city charter ~pecifically providing a method for placing amendments on the ballot and for removing them. We also point out that any measure or candidacy, found not to have been m validly placed on the ballot in the first place, maybe removed from the balloh.at any time. Our conclusion in this case is based upon the fact that the proposed charter amendments were validly placed on the ballot, and that the Ashland City charter did not provide,a method for removal of such proposed amendments from the ballot. Yours very truly, LJ:JAR:ph Attachment Attachment "A"