HomeMy WebLinkAbout1975-0508 ADJOURNEDMinutes of Adjourned Council Meeting
May 8, 1975
Roll Call
Moratorium
The City Council met in an adjourned meeting at 4:00 P.M. on
the above date in Council Chambers of City Hall. In the absence
of Mayor Prickett, Chairman McCannon presided. All Council mem-
bers were present.
City attorney Salter presented a memo of his opinion on a
proposed moratorium on building permits in certain R-3 land
(opinion requested at prior Council meeting as a result of peti-
tion presented by residents of Harrison, Holly and Iowa Streets).
Salter said there is no law squarely on the subject in State of
Oregon, but in his opinion such a moratorium would be upheld by
the courts if the moratorium applied to all R-3 areas being
studied for down zoning, but if the moratorium were imposed on
merely one or two parcels, it would not be held valid.
Administrator Almquist pointed out that construction of
multi-family projects of three or more units need review by the
Planning Commission under the site review ordinance.
City Planner Mawson said the comprehensive planners are
reviewing densities in all areas which may lead to some zone
changes. Almquist pointed out that adoption of a Comprehensive
Plan does not by itself change zoning.
Ron Lamb, 288 Harrison St. said zoning should be reviewed
annually and changes made in zoning when appropriate. He said he
had requested rezoning of his area two years ago, but was told by
Planning Commission at that time that such change could be made
only if 100 per cent of owners in the area signed a petition for
zone change.
Hoffarth pointed out that the reason for a zoning ordinance
and zoning maps was for the benefit of people purchasing in the
area, and that a person who invested in property in an R-3 zone
had the right to rely on that zoning classification to continue.
Lamb agreed, but said residents in the area also have a right to
protect their property values.
Whitland Locke, 276 Harrison, said he was on Planning Commi-
sion when the area was originally zoned, and the original recom-
mendation was not for R-3 for that area, but was changed to R-3
by a technician.
A lady in the audience
knowing what the zoning was,
zoned R-3.
said she bought in the area without
and is now appalled to find it is
On question from Laws, Mawson said we do not have enough
developed R-3 properties, but we may have an overabundance of
land zoned for R-3.
In further discussion of a proposed moratorium, Lamb said
they did not know what Hampton's plan was for the parcel he pur-
chased and partitioned, but said a change in zoning was a lengthy
process and unless a moratorium is imposed immediately, the damage
could be done before a zone changebecomes effective.
Mi~ ~ of Adjourned Council Meeting Page
May ]75
Liability
Insurance
Swimming
Salter reiterated his comments on conditions under which a
moratorium might be upheld by the courts, and pointed out that
the taking of a part of one's property rights without reimburse-
ment could well be held invalid.
Laws said if we impose a moratorium in this area only, it
would be obvious that government is bowing to pressure on an
isolated case, and he did not feel there was justification for
a moratorium on all R-3 building in the City.
McCannon said no action was required by the Council on the
subject.
Almquist reported that several of the insurance companies
have discontinued selling liability insurance to units of govern-
ment in the state, and that Senate Bill 857 propose~ a state
pool for liability.
Finance Director Nelson said our liability is carried by
Gulf Insurance of Kansas City through local agents Reinholdt and
O'Harra, and that our policy has a 60-day cancellation clause.
He said we have not had a notice of cancellation, but there is
some danger we may be cancelled, and he asked for authority to
negotiate for continued coverage before we receive a cancellation
notice.
Nelson said that up until a few years ago cities in Oregon
were immune from tort liabilities, but the law has changed and
since then the number of claims against us has been rising
sharply for these reasons:
1. Increase of public awareness of the right to sue City;
2. An increasing anti-government feeling;
3. Juries and courts are ultra-liberal in granting awards.
Nelson reported that our annual insurance premium in July,
1974 was in the amount of $9,374, but guessed the next annual
premium might be double that amount.
Hoffarth suggested that we also ask other agents to give us
quotes on coverage. Other Council members agreed. Nelson said
he would explore alternatives.
Councilman Hoffarth reported on meetings with the Parks and
Recreation officials and A1 Willstatter, owner of Twin Plunges.
The probability of an agreement with Willstatter was explored
by which swimming at a reasonable fee could be made possible.
Hoffarth suggested 40 cents a swim as being reasonable, and said
it would be possible to get the pool for $200 per day, and
estimated that the maximum cost to the City would be $3,726 for
the season if 900 kids participated and that there is a good
chance the County will pick up part of that cost.
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Minute~ of Adjourned Council Meeting
May 975
Page ~hree
E~ecucive
Session
Chairman McCannon announced the need for an executive
session on labor negotiations on Monday evening, which according
to 1973 ORS, Chapter 172, Section 6 (2) (a), could be called by a
two-thirds vote of the Council. Ragland moved to adjourn to an
Executive Session at 7:30 P.M. on May 12, 1975, McDowell seconded,
and motion passed unanimously on roll call vote.
Mayor
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