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HomeMy WebLinkAbout1977-0215 REG MINMINUTES OF THE REGULAR ~ETING ASHLAND CITY COUNCIL February 15, 1977 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES MAYOR'S APPOINTMENTS MINUTES OF BOARDS ETC. CORRECTION OF MINUTES SUN CYCLE AUCTION SO. OREGON ENERGY FAIR Mayor Prickett led the Pledge of Allegiance and called the meeting to order at 7:30 PM on the above date in the Council Chambers, Present were Councilmembers Laws, Phelps, McCannon, Ragland, and Drescher McCannon moved to approve minutes of the regular meeting of February 1, 1977; Ragland seconded and on roll call, all YES. (Correction later in meeting). Mayor Prickett appointed MarJorie Lininger to the Historic Com- mission, Etta Schilling to the Senior Citizens Committee and said that he will appoint a new member to the Planning Commiss- ion at a later date. Ragland moved to accept appointments; McCannon seconded and on voice vote, all YES. McCannon moved that minutes of Boards, Commissions and Committ- ees be accepted; second by Ragland and on voice vote, all YES. Laws asked that minutes of February 1, 1977 be corrected on page 3 in first pp of the Public Forum to read "Laws circulate~ a petition advocating appointment of Carroll Corliss to Counci7 Position No. 6", and so moved; Ragland seconded and on voice vote the motion to correct and accept minutes passed unanimous! A letter from Mark Sheldon of Sun Cycle was read requesting permission to hold an auction on Saturday, February 26, 1977 on their back porch and adjoining parking lot. Sheldon exDlai' ed necessity to eliminate stock not sold because of weather an Mr. Ashland not opening for skiing, On Mayor's questior, Chic' Hays said the auction would not create a problem. McCan~on moved to approve; Ragland seconded the motion which pas'ad without opposition on roll call vote, A letter requesting funding assistance for the First Southern Oregon Energy Fair to be held at the Ashland Armory on April 2~ 24, 1977 was read and the need elaborated on by Coordinator Katherine M. Ging and Paul Caffrey. Caffrey requested that fair be covered by City insurance policy for the fair and that the City present a position policy and appoint a person from Council to coordinate and set up a City exhibit at the fair. City Administrator Almquist said the insurance portion of the request would have to be researched, Caffrey stated that liab llty insurance would cost the City for'arider about half of what it would cost them individually. Drescher agreed that City ~hould participate in conservation effort. On Mayor's question as to how many cities they are contacting for support Caffrey said Ashland is the first City since the'group is base here, McCannon felt that the fair could be endorsed but more time is needed to study. Laws felt the City should parti- cipate as a utility and set up a booth. Mayor said the insur- ance could become a problem due to the recent escalation of liability rates and the long t~rm ramifications on exnerience. McCannon move~ that City endorse fair but time be given to study appropriation; second by Phelps. Mayor appointed Ragland and Laws Cconttnued) 2/15/77 ~g. ! ENERGY FAIR continued WOMENS ' HEALTH CENTER AIRPORT F~STER PLAN PUBLIC FORUM FINDINGS OF FACT ON ZV NO. Humes Garage 275 to meet:with the Energy Fair coordinators for planning. On roll call, passed unanimously. Request withdrawn for this meeting. Item postponed until Dr. S. Johnson appears for presentation. Mayor Prickerr reported on the critical water situation and suggested that an ordinance proposed ahd presented by Drescher be considered at this meeting because of the water crisis. Ragland moved to add item to the end of the agenda; second by McCannon and passed unanimously on voice vote. W. L. IRobertson of 316 Patterson suggested Council consider placing some kind of lid on construction of 25 units being developed in view of the water situation. Ragland reported that Bluebird Park had been appraised in the amount of $41,000 and that the owner will sell at that price a~ contribute $2,500 to assist the Parks Commission acquisition of the property to retain its use as park/open space. Ragland sa~ if City should acquire the property he would suggest a plaque listing the names of donors. McCannon said the plaque could be quite expensive if the names of all donors are to appear. Ruth Hibbard spoke from the audience saying that perhaps a plaque might also be donated. Mayor suggested a cost figure be sub- mitted for further consideration. A letter was read from Gerald J, Scannell who represents Numes and Wixon in the variance request which had been received at 4:30 pm., in which Scannel requested a rehearing if the Find- ings of Fact are not acceDlable. Mayor Prickett said the Find- ing had been rejected at t'~e last meeting when Ragland was absent and that now he has heard the tape of the proceedings an~ reviewed the background so that now he would be in a position to vote, On Laws question as to the status of the matter, City Attorney said that basicly the matter is undecided and the vote Before on the variance was never a completed act, Laws moved to reconsider everything done on the matter, Phelps~.seconded. Drescher abstained. On roll call Phelps~ Ragland, McCannon and Laws voted F0R the motion to reconsider, Laws moved to deny application for variance on setback and we authorize garage to be put in back with City to stand expense to tear down and replace building, Motion died for lack of a second. Salter said that a public hearing had not been had on that issue. Drescher said a request to have the garage in back had not been received. Prickerr said it would be inappropriate to grant a variance without a public hearing. Planner Himes said it is possible the garage could be in back without a variance needed and showed a plot plan of the lot. Mayor suggested a denial of the appeal and that property owner be asked to move garage. Ragland said from all evidence that ordinance was unwillingly violated and that compromises could be made, but in this case a compromise would be difficult to reach and blamed the matter on the previous property owner who gave incorrect property lines 2/15/77 Page 2 Zone Variance No. 275 cont. Airport Committee Funding Request Senior Center Budget Liability Risk Analysis WA%~R SUPPLY REPORT and the variance was granted based on lines presented. Ragland also said that property owners have shown neighbors drawings before in order to get approval and then made different request of the Planning Commission and that the present owner is innoc- ent and the City should pay expenses if garage must be torn down unless Caswell (previous owner) can be made to pay. McCan non asked what the contractor's responsibility is and Ragland said he and the owner had a responsibility after the building was yellow tagged. Mayor suggested that if variance is denied that legal advice would be needed and Salter agreed and said the comments made in the hearing could be used against the City and stated that the Contractor could be looked at in a contribu tory role depending upon whether or not you want to minimize expense, On Phelps question as to whether the contractor is licensed by the State, Almquist said that he is but has a business license with the City for revenue purposes only and not control, Laws moved to deny variance; Ragland seconded. Salter said negative findings would be necessary. On roll call vote Phelps, Ragland, McCannon and Laws voted YES. Drescher opposed, Action on Findings of Fact deferred, Request for authorization to submit application for Federal funds for land acquisition and culvert installation by Chairman Johnson of the Airport Committee was given and Ragland moved to authorize; second by McCannon and on roll call, all YES. McCannon reviewed the budget and explained increase needed in areas of personnel, office furniture and supplies, and trans- portation and said the request for funds would be $6,500 each from County Human Resources Committee, Area Agency on Aging and Revenue Sharin . McCannon moved for approval of request tc County for the $6,~00; second by Drescher ahd passed on roll call vote with all YES, A letter from Tom Kennedy from Singmaster Insurance Agency out- lining recommendations and analysis from Warren, McVeigh, Griffin & Huntington were read by the Mayor and Tom Kennedy was asked to explain the status City's insurance coverage specific- ally and municipal coverage available. Kennedy assured Council tha.t the City is covered by the only insurance available to a municipality and that he is looking into getting a quotation on a $25,000 pggregate deductible and that two companies are ready to bid on the new coverage. Kennedy said that he didn't think the City is in a financial position to afford the $75,000 cov- erage suggested by the Analyst. Finance Director Nelson rec- ommended that Kennedy be City's agant of record and that he explore alternative and return with two or three proposals on coverage. On Salter's question as to errors and omissions clause and how it would handle such cases as the Humes garage problem Just discussed, Kennedy said that the $1,000 deductible would .apply'to . it or it could be turned over to adjustors Tobin & Crawford for action. Informational report - no action necessary. A cost report for temporary water pump system was given showing total cost for 8,090ft, of 12" pipe to be $21,444 and coupling PUMP SYSTEM COSTS cent. RESOLUTION DECLARING EMERGENCY AND TRANSFER OF APPROPRIATIONS COUNCIL APPOINTMENT STUDY SESSION ON WATER PROBLEMS BUDGET COmmITTEE IIEARING ORDINANCE - Goddard Annexation $7,000; pumps, pumphouse, valves etc. at cost of $26,698 for a total of $55,142. Estimate of turnback value given as total of $23,479 to result in actual cost of approximately $22,663. Almquist reviewed 0RS279.015 which would preclude necessity of public bidding under state of emergency status by acting as Public Contract Review Board. On Raglandis question as to feasibility of making permanent installation, Director of Public Works said that 24" pipe would be used for permanent expansion. Ragland said that he has always felt that the system should be permanently expanded when the tox~n reaches a population of 16,000 and Alsing agreed saving that he had made such a suggestion in 1973. Mayor Prickett cited DEQ and Water Study as reasons for not proceeding before now. McCannon moved that a state of emergencybe declared (to avoid need for public bidding) and auth~izing acquisition of materials; Laws seconded and on roll call; all YES. A Resolution declaring an emergency and transferring appropria- tions within funds was read and Laws moved for adoption; second by Drescher and passed unanimously on roll call vote. A study session was cal~ for February 22, 1977 to interview Council applicants for PositioD 6. A study session was set for March 8, 1977 on review of draft of.Ashland Water Resource Management Plan. The first budget committee meeting was set for March 7, 1977 at 7:30 P.M, Finance Director Nelson said that ~:Froposeo Use Hearing" must be held before the budget hearing and suggested February 28, 1977 at 4:00 P.M. Atmquist said the notice will eall for any interested person to make requests at that time. A letter from Goddard relating to water useage, a communlcatior from Don Scofield suggegting moratorium on new connects md a letter from Walt Hoffbuhr of Talent Irrigation Distric'~ with regard to allocation of water were read by Almquist who then gave second reading by title only of an Ordinance annexing a contiguous area to the City of Ashland. McCannon said he is in favor of the annexation but urges pro- vision that there shall be no hookups to water until the.pres- ent emergency is over. On question from W. L. Robertson, 316 Patterson, as to whether the ordinance had been amended it was explained that there was a correction in the minutes and not the ordinance. Robertson then asked if Council would object to placing the annexation matter on a ballot for election by the people. Ragland said that he would not object but felt the decision is for Council to make as representatives of the people. On Robertson's question to Salter as to whether the ordinance would preclude the circulation of a petition for referendum, Salter said that the ordinance will not take effect for 30 days and a petition could be circulated. After some discussion on his experience with City government, Robertson asked that decision be delayed. On Laws question to Goddard as to when his motel would open should the ordinance pass, he was told July 1st. 2/15/77 Regular MeetinN Ashland City Council 2/15/77 Pg. 5 Goddard'Annexation cont. McCannon asked Goddard if he would accept his proposal to go ahead with the construction of the motel and then connect when emergency is over. Goddard said he appreciated the offer but would hesitate to jeopardize 750,000 investment. Mayor said he'd like to see motel built but based on today's condit- ions he would have to oDpose a connection by July lSt. Robert- son said Goddard's choice of'location for a motel is excellent but again asked Council to back away until a survey is made. Mike Helfrich of Lilac Circle said to deny water to someone would be discriminatory unless City's plan is outlined and financial institutions are going to take a good look at that criteria. Mayor stated that the issue is for water service outside City limits and must protect people in the City now. Helfrich encouraged Council to set guidelines before proceeding Laws explained that a moratorium on annexation had been in force but based on desirability of the motel complex it had been decided to allow annexation for this purpose and since that time the water situation became a real problem, Laws added that it would be unfair to ask City residents to sacrif- ice. Richard Cottle, representing Goddard agreed with Robertson on the critical water situation and suggested he place trust in Council to take whatever steps necessary to alleviate emergency by expanding the water system and reminded Council the present now inadequate system has been paid for by others some twenty years ago. Cottie said the attention has been focused on the water question and everyone is agreeable to annex but WHEN will ~e determined by the end of the emergency, Drescher said if the 3,5 i!gure is right on water use in pro- portion to houses and con,,idering the income a motel can bring the City, he would rather see the motel built. Robertson said he would like to see an initiative petition circulated and Mayor Prickett said he would hope that before a petition is circulated that City would first have received wate~ report. Drescher moved to adopt the ordinance on annexation; Phelps seconded. McCannon moved to amend the ordinance to approve annexation provided water connection not made until Council declares end o{ emergency. Laws seconded and on roll call, McCannon, Laws, Phelps and Ragland voted YES, Drescher opposed Salter suggested that the motion to adopt ordinance include a modification of tile agreement with Goddard concerning water connections, Laws moved to reconsider the motion to amend. Phelps seconded and motion passed unanimously on roll call vote Laws then moved for a re-vote on the amendment; McCannon seconded and the amendment was defeated with Phelps, Drescher, McCannon and Laws voting NO and Ragland voting YES. McCannon then moved to amend the motion to adopt the ordinance on condition that the contract between the City and Goddard be modified by March 2, 1977, to provide that Goddard agrees Kegular Meeting Ashland City Council 2/15/77 Pg. 6 Goddard Annexation cont. ORDINANCE - Fire District No. 5 Withdrawal - Goddard ORDINANCE - Rezone Goddard Property SMOKING ORDINANCE - Taxi Hours & Service that his property will not be entitled to water except for construction purposes and that the property will not be entitled to open for business nor to a certificate of use and occupancy until the City determines that the present water shortage has ended. Laws seconded, and motion to amend passed on unanimous roll call vote. The amended motion to adopt the ordinance under above condition was then unanimously approved on roll call vote. Attorney Salter recommended that the ordinanceswithdrawing annexed property from the fire district and rezoning the annex- ed property be adopted under the same condition as the ordin- ance for annexation. Almquist then gave second reading by title only of an ordinance withdrawing certain recently annexed real property from Jackson County Fire District No. 5, and providing an effective date. McCannon moved to adopt the ordinance on condition that the contract between the City and Goddard be modified by March 2, 1977, to provide that Goddard agrees that his property will not be entitled to water except for construction purposes and that the property will not be entitled to open for business nor to a certificate of use and occupancy until the City determines that the present water shortage has ended. Ragland seconded, and motion passed on unanimous roll call vote. Almquist gave second reading by title only of an ordinance amending Ordinance No, 1361, the Zoning Ordinance, to rezone certain property from its zone designation as it existed when said property was outside the City limits of Ashland to estab- lish said property as being Zoned C-1. McCannon moved tc adopt the ordinance on condition that the contract between the ~ity and Goddard be modified by March 2, 1977, to provide tha God- dard agrees that his property will not be entitled to wa.~r except for construction purposes and that the property will not be entitled to open for business nor to a certificate of use and occupancy until the City determines that the present water shortage has ended, Ragland seconded and the motion passed on unanimous roll call vote. Corliss asked if this created a partial moratorium, to which the Mayor replied that for two years there had been a morat0riuL on annexation. Corliss asked if the moratorium should be ex- tended to other new construction, and was told that the water crisis will be discussed later in the meeting, Phelps moved to smoke the rest of the meeting; Ragland seconded and on roll call, Phelps, Ragland and Drescher voted YES; Laws and McCannon opposed, Second reading by title only was given an ordinance amending Ordinance Nos, 1764 and 1899 which pertained to a franchise for the operation of taxi cabs and the hours of service, and declar. ing an emergency, McCannon movad to adopt; second by Ragland and passed unanimously on roll call vote, 2/15/77 Pg, 6 ORDINANCE - Arbitration Findings of Fact on Denial ORDINANCE - Water emergency BUILDING PERMITS ADJOURNMENT eity Recorder Almqufst gave second reading by title only of an ordinance amending Ordinance No. 1873 and Section 3.04.100 C.8 of the Ashland Municipal Code, pertaining to the enforcement of arbi- tration awards, Ragland moved to adopt; second by Drescber and passed unanimously on roll call vote. Ragland moved to adopt Findings of Fact on denial; Laws seconde and on roll call, Ragland, Laws, McCannon and Phelps voted in favor; Drescher abstained. Mayor Prickett gave first reading of an ordinance relative to water crisis emergencies and declaring an emergency. Ragland moved to second reading; McCannon seconded and on roll call, all YES. 'fagland moved to discontinue issuance of building-permits requiring water service or increased water consumption. McCan- non seconded and the motion passed on roll call vote with Drescher casting a NO vote. Council agreed that the motion would not cover building permits already issued. On question by Helfrich on whether the motion covers subdivisions, Mayor Prickett explained that if permits have not been issued, there could be no building during emergency. Lm~s moved to have MayOr contact County Commissioners to impose similar restrictions on building permits issued by the County on any construction involving City of Ashland water. Ragland seconded. McCannon suggested higher rates to pay for emergency pipe line. Ragland felt the people should not be penalized because they conserve water. On roll call all YES. Laws moved to take action ~o activate clause in the Oak Knoll Agreement which limits wa'ar to household use only and they be notified immediately; kagland seconded and on roll call, motion passed unanimously. Meeting was adjourned at 11: ~ p.m. to Adjourned Meeting to be ckett