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HomeMy WebLinkAbout1974-1217 REG MINROLL CALL MINUTES DEP'T REPORTS COmmUNICATIONS PUBLIC FORUM MINUTES OF REGULAR MEETING ASHLAND CITY COUNCIL DECEMBER 17, 1974 The meeting was called to order by Council Chairman blcCannon, who led the Pledge of Allegiance. On roll call, Council members Allen, Soderberg, Ragland, McCannon, Prickett and Conklin were present. There being no corrections to the minutes of December 3, 1974, Chairman McCannon declared apprQval. Departmental reports from Fire, Municipal Court, Police, Airport, Public Works, Electrical and Parks Department, and consulting engineer report were presented. Conklin moved that the reports he accepted and placed on file; seconded by Allen and passed by unanimous voice vote. A letter from James M. Ragland was introduced in which Mr. Ragland tendered his resignation from the Planning Com- mission because of his acceptance of the Council Position No. 3. Conklin moved to accept the letter and place on file. Soderberg seconded and motion passed unanimously on voice vote. · Murray Gardner, adjourraent to accepted. 1340 Ponderosa Drive, recommended immediate a concert at Junior High. RecoFaendation not Councilman Conklin read a statement in which he coxmended Administrator Almquist and staff for their assistance to council during the four years of his term. He also recom-- mended that Councilman Prickett be selected as the new mayor, and wished success to the new mayor and council. Murray Gardner again adressed the council and quoted head- lines of several news articles relating to appointment of Councilman Ragland. He commended the chairman for proposing a study session to select a mayor, and said that is the way the councilman should have been selected, and asked that Ragland resign so that the selection could be made after weighing qualifications of various candidates. Ken Jones, 235 Terrace, reported that the Friendship Commit- tee is again sending Mrs. Grace Kccks and a busload cf about 40 people to Guana3uato, Mexico for Christmas, and presented a giant Christmas card to be signed by the" officials and staff of the City of Ashland for presentation to the Mayor of Guanajuato. Jones and Mrs. Sam Davis, President of kmigo Club, also displayed a live Shasta Fir which the Amigo Club has paid for and will present to Guanajuato on behalf of the City of Ashland. Karl Mawson asked to bring up some items prior to the close of the meeting. Min~ of Regular Meeting Page Ashi .. City Council EXTEND TERM. COt~..~CIL CHAIPdv~N STUDY SESSION CITY CREW IABOR PUBLIC HEARING OAK KNOLL ANNEX AND WITHDRAWAL FROM TRFPD Chairman McCannon explained that the motion to nominate him as Council Chairman was for a term to January 1, 1975, which would put us in the first week of January with no Acting Mayor to sign checks. Conklin moved to extend term of office to January 7, 1975. Soderberg seconded. Ragland moved nominations be closed. Conklin seconded, and motion passed unanimqusly on voice vote. Chairman McCannon asked for a study session to discuss candidates for Mayor and Planning Commission vacancies. The study session was set for 7:30 P.M. Thursday evening, January 2nd. Councilman Prickett asked for report on using City crews for flood restoration work, pointing out that salaries for crew are budgeted for year, and if reimbursed from flood monies there is a duplication of dollars. Almquist answered by showing figures for Street Department salaries and reallocation of salaries from Flood Restoration, and that $4,374 is programmed to layoffs and attrition. On question from Soderberg, Almquist said if it were not for the flood restoration reimbursement, about $14,000 would need to be absorbed by layoffs and'attrition. Councilman Conklin asked if the Oak Knoll property was affected by the moratorium, to which Almquist and Soderberg replied that both Oak Knoll and Oredson annexa- tions were in discussion prior to the moratorium. Almquist showed a map of the area proposed for annexation-- 162 acres located between I-5, Highway 66, and Crowson Rd., which includes the golf course, Greensprings subdivision, and some undeveloped land. He said there are 49 single- family residences and 12 apartment units in the area, with a population of 150 - 160 people. The total assessed value of the area is approximately $1,873,000. The peti- tion requesting annexation has been slgneU Dy 45 persons. These represent 64.3% of the owners, with 32.8% opposed and 2.8% with no answer. Of the assessed vague represented, 69.9% are in favor, 24.9% opposed, and 5.2% did not answer. Of land area involved, 96.9% in favor, 2.8% opposed and .3% did not answer. Chairman McCannon then opened the public hearing. Bill Duff, 906 Oak Knoll Drive, spoke in favor of annexa- tion because he felt he was receiving City services and should pay for them. Jim Sellick, 821 Twin Pines Circle, did not recall being polled by the City, but acknowledgedthat he had been polled by one of his neighbors. George Sink, 742 Twin Pines Circle, who circulated the petition, said he had listed Sellick as being opposed to annexation. Sel~lck also questioned City's ability to purchase lines from PP&L and the effect that would have on taxes if annexed. Almquist said the electric line situation is not yek 12-17-74 page 2 Minut?~ of Regular Meeting Ash[~ ~ity Council Page tb~e PUBLIC HEARING OAK KNOLL ANNEX AND WITHDPJ~WAL FROM TRFPD (continued) resolved. Prickett said ownership of lines will not affect the tax rate. J. V. King, 765 Oak Knoll Drive, charged that there were misrepresentations by the City and by the circulators of the petition, and asked who would pay off the Talent Rural Fire District Bonds. Mrs. Jim Seilick spoke in opposition to ~nnexation and asked for more time and more information before decision on annexation is made, and felt she was being pressured into annexation, to which McCannon replied that the City. is not exerting any pressures. Murray Gardner, 1340 Ponderosa Drive, expressed opposition to the annexation, saying the item should be tabled until the comprehensive plan is finished, and questioned the economic impact on the City and the capability of water and sewer utilities. Bill Christofferson, 785 Twin Pines Circle, agreed with Gardner and said if there is a dispute between City and developers, it should be settled without using Oak Knoll residents as pawns, and charged that there had been a threat of cutting off their water if not annexed. Mrs. Roy Hazelle, 804 Twin Pines Circle, also charged that she felt they were threatened with water being shut off. She felt Bill Dawkins had a valid contract with the City for water services, and quDted ORS 225.030 which provides for utility lines to be extended outside of City. Ed Henson, 779 Twin Pines Circle, presented copies of a brochure to the Council which was being distributed by developers 8 years ago. He said original developers kept faith with their promises, but successor corporation did not. Joe McVey, 236 E. Main, asked if people will be charged annexation fees. Almquist said that is up to the Council, but understood that B & C ProFerties had offered to pay the fees as well as the retirement of TRFPD Bonds. A1 Willstatter, 164 Central, asked for more study on effects of annexation. Bill Duff again spoke in favor and cited article in San Francisco paper which related the benefits to a city for each new house conszructed. Tom Pope, 719 Oak Knoll Drive, said he had circulated the petition and did not pressure anyone or threaten hhat water would be shut off, and said the circulators of the petition are not employed by d~velopers. He also pointed out that most of the people in the room were the minority opposed to annexation, but a majority of property owners had signed the petition for annexation, 12-17-74 page 3 Minute'; ' f Regular Meeting Page Ashla~ ~ty Council PUBLIC HEARING OAK KNOLL ANNEX AND WITHDRAWAL FROM TRFPD ,(continued INTERFUND LOAN-FLOOD REST. George Sink reiterated Popo's opening statement, and said his persdnal opinion was ~or annexation, but he also respected the opinions of his neighbors who were opposed. Otto Frohnmayer, Medford attorney'and secretary of B & G Properties, gave history of developmentf Dawkins of N.W. Pacific Development Corporation subdivided property in 1960 and borrowed money from B & G and Jackson Ccunty Federal Savings & Loan. M. C. Lininger & Sons put in streets and sewer and were only partially paid. When loan at JCF became delinquent in 1965, B & G and Lininger jointly paid off the loan and acquired title to the unsold properties. He stressed that they were as anxious as anyone to continue a good development, that Liningers have been in business in Ashland since before 1900. He recited terms of the contract between City and N.W. Pacific Dev. Corp. of May, 1962, and stressed that in providing water, the City was only bound by that contract to furnish domestic water - irrigation could be curtailed by City. He said in 1973 and early 1974 he had been negotiating with City for additional water connections when League of Women Voters raised question of selling water outside the City, and said City Attorney Salter agreed with League, but he (Frohnmayer) disagrees with that interpretation Charter. Frohnmayer also said the language of the contract with N.W. Pac. indicates that it was the intention of developers to annex to City at some future time. Frohnmayer also said the residents will not have to pay an annexation fee according to the 1962 contract, and B & G properties will pay off the TRFPD bonds. City Attorney Salter said he had been misquoted, and read from his letter of June 13, 1974 that, in his opinion, the Charter raises a serious question which should be resolved, and that any future water connects should be made only after alerting property owner of the precarious situation.. S. Lynch, Alida St., questioned the capacity of our water system, and suggested developers investigate the develop- ment of their own water system. Prescott Lloyd, 699 Oak Knoll, said there was no pressure applied on him or his neighbors, and he was in favor of annexation. The public hearing was closed. Prickett said we need to discuss arrangements with PP&L, and moved to table the question of annexation. Seconded by Conklin, and passed unanimously on roll call vote. Finance Director Nelson presented a memo asking for an interfund loan from General and Revenue sharing Funds to Flood Restoration Fund up to April 1, 1975, but said he expected the State will soon advance $200,000 of Flood Restoration Grant funds to us, at which time the loan will 12-17-74 page 4 Minu~i "~f Regular Meeting AShla ~ity Council Page five INTERFUND LOAN FLOOD REST. (continued) be'paid off. Almquist read the Resolution authorizing an interfund loan. Soderberg moved for adoption, seconded by Conklin and passed unanimously on roll call vote. AUDIT REPORT SITE DESIGN ORDINANCE ZONING ORDINANCE AMENDED PLANT NURSERIES Prickett asked that a study session be set for early in January and that Val Bubb be invited to attend. He also asked about the legality of $40,000 in bank loans obtained by the Park Commission. $alter said he understood the Park Commission was aware of their error and would not do that again, but that their present inter-fund loans from the City are acceptable. Prickett also asked that a copy of the auditor's letter to Administrator be made available, and that a study ses- sion be held at 7:30 P.M. on January 14th. Soderberg seconded the motion. Motion passed unanimously on roll call vote. Almquist read the title of an ordinance amending the zoning rdinance relative to site design review. The ordinance was adopted on motion by Soderberg with Conklin seconding and unanimous roll call vote. Almquist read the title of an ordinance amending the zoning Ordinance to allow for wholesale plant nurseries as a conditional use in R-3 zones. Soderberg moved for adoption, seconded by Prickett, and passed unanimously on roll call vote. MEMO OF UNDER- STANDING FIREFIGHTERS ASSN. Almquist presented a memorandum of understanding between the City and the Ashland Firefighters Association relative to holiday pay for firemen, which provides for holiday pay to be made in advance, with provision for withholding from final pay check any holiday pay not earned at time of termination. Prickett moved for acceptance of memorandum. Allen seconded and motion passed unanimously on roll call vote. TRANSFERRING APPROPRIATING A resolution transferring appropriations within funds was presented by which $2,765 would be transferred from General Fund Operating Contingency to General Fund Transfer (Recreation) to fund the Multi-Service Center, and $744 from General Fund Operating Contingency to Finance Depart- ment Salaries and $84 from General Fund Operating Contin- gency to Employee Benefits to fund the salary increase for the Recorder as approved by the voters. Prickett asked i£ ballot title provided for both increases and decreases, to which Butler replied by quoting the ballot title "Recorder's salary - be adjusted starting with the fiscal year 1974-75 in the same percentage as the average salary adjustments of the other supervisory employees and depart!nent heads of the City of Ashland," and said he interprets "adjustment" to mean increases or decreases. Almquist pointed out that a strict interpretation of the ballot title would call for 12-17-74 page 5 Mira ' of Regular Meeting Ashl,. Id City Council page s~ TRANSFERRING APPROPRIATIONS retroactive pay to July 1, 1974, but the recorder has chosen to put increase into effect on January 1, 1975. Almquist then read the resolution approving transfers. Allen moved for adoption, seconded by Soderberg, and passed unanimously on roll call vote. SKI AREA ROADS Chairman McCannon noted that State may discontinue plowing the road to b~t. Ashland and suggested a letter be sent to State requesting the continued plowing. Soderberg said she understood the curtailment is planned for next winter. Prickett asked to defer to the next agenda. WATER STUDY Soderberg moved to allow Planner [~awson to present inform- ation on the Stevens, Thompson & Runyah water report. Allen seconded, and motion passed unanimously on roll call vote. Mawson read a letter from Paul De Bonny of the Jackson County Planning Department in which he reported a ccmplete revision of their County plan now incorporates Public Works Director Alsing's report on our water system and excerpts from the CH2M sewer study, and asked for cur comments by January 1, 1975. Allen said he would like to see our answer before mailing and would also like to review Alsing's report. Soderberg moved to send a letter asking for a delay until after our first meeting in January. Seconded by Allen and passed unanimously on roll call vote. PLANNING COMMISSION Mawson said he also wanted to clarify some past decisions on sending recom~.endations to Council, feeling that he had probably let Council think that the future street im- provements prcposai was sent by minority vote, and found that the Planning Commission had actually sent the Fro- posal to Council by a majority vote (six to one), He assured the Council that anything the Commission sends to Council is by a majority ~ote of the Commission. CHAIF~N'S COMMENDATION Chairman McCannon welcomed Jim Ra~tand to the Council, and expressed appreciation to Audrey Sederberg and Jim Conklin for their four years of service. BAND BOARD Prickett asked to be furnished with information relative to the operation of the Band Board. SMOKING Prickett asked for item to be added to agenda which was approved bS' voice vote with Conklin dissenting. PrickeEt then moved that smoking be allowed in Council Chan~bers until. it is necessary to use an air conditioner. Motion 12-17-74 page 6 Min" of Regular Meeting page seve" Ashl City Council SMOKING (continued) seconded by Conklin and passed on roll call with Soderberg, Ragland, Prickett and Conklin in favor, and Allen and ~!cCannon opposed. ADJOURMENT Meeting adjourned at 10:00 P.M. on motion by Prickett and unanimous vote. 12-17-74 page 7