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HomeMy WebLinkAbout1973-1120 REG MINMINUTES FOR TIlE REGULAR MEETING ASHLAND CITY COUNCIL November 20, 1973 ROLL CALL APPROVAL OF MINUTES COMMUNICATIONS, PET- ITIONS & REMONSTRAN- CES Dept. Reports Elec. Consultants' Report Planning Commission Minutes Planning Conmission Vacancy Ashland Bible Church water hookup Wastewater Treat- merit Plant Bid The regular meetinR was called to order by Mayor Fries at ?:30 p.m. in the Council Chambers on the above date. Conklin, McCannon, Allen, Soderberg and Roble were pres- ent. Prickett arrived moments late. Mayor Fries approved th6 minutes of the regular meeting of November 6, 1973 as submitted and placed on file. Conklin moved that Departmental Reports for the month of October be accepted and placed on file. Passed, all YES. Soderborg asked about Item 8 of the Marquess & Marquess, Electrical Consultants' Report relative to the diesel generator which it stated had been delivered but not inst- alled. City Administrator A]mquist irated that the trans- former will be installed within two weeks, in ~nswer to Soderberg's question. Mayor Fries asked for c'orrection on Page 2, pp. 2 of min- utes of Planning Commission meeting of November S, 1973, "tlerzman said 1,600 square feet would be the minimum lot size and the price of homes would range from $35,000 to $40,000" and asked that City Administrator Almqnist get the correct figure. (Almquist learned that minutes should have read "1,600 square feet would be the minimum house size" .) Mayor Fries reminded the Council that the resignation of Edd Rountree had created a vacancy on the Planning Comm- ission and asked for suggestions on appointment. City Administrator Almquist read letter from Roy. Ed Perry, Pastor of Ashland Bible Church in which solution to water hookup was requested. City Administrator Almquist said that when Cascade occupied the building known as the Air~ port Market they were provided with a water connect. He al~o stated that the City had put the church on notice that when proper arrangements could be made for an alternative water system the service would be discontinued. Mr. Bert DeKorte, member of the church, was asked to explain the water situation at the church. Roble asked DeKorte if the drilling of a well had been explored. DeKorte said that it is imposbible to stay 100 feet away froin the leaching lines and to also stay a certain d~stance from the property lines. Prickett asked how much water the church uses and was told the 7S0 cubjc foot minimum. Sealerberg moved that water connectiou be allowed in this instance on a temO- Orary basis. On roll call, Allen, Soderberg, Roble, McCannon and Prickett voted YES. Conklin opposed the motion. City Administrator Almqnist asked that Dick Humphrey, Dir- ector of V;astewater Collection Systems for CH2M IIill, explain the bid and other tecbnicalities as outlined in letter to Mayor .and Council, (letter attached). Humphrey recommended that bid from B & B Contracting Corporation be ~ccepted and that Resolution be adopted making the proposed bid accept~b]e only if application for approv~}t to Environ~ mental Protection Agency is returned with an EPA grant to cover 75% of the eligible project costs of $],108,~00 which would leave au amount of $277,000 to be finauced by the City. iteguiar ,~/i~ ~tillg Wastewater Treatment Plant cent. Public Forum Conklin moved that Staff resubmit application to Environ~ mental Protection Agency requesting YS% participation and bid being awarded to the low bidding contractor upon our receiving ?5% participation. Soderberg secouded. Soder- berg asked if construction would be completed within tifie projected by CH2M. Dick llumphrey said it will take 30 or 40 days to constructiom time and estimated construction time would be fifteen months. McCannon said he was dis- appointed that no local bidders were interested. HunChroy said he shared in that disappointment because of additional subsistence costs and stated that he knew of three well qualified electrical contractors and at least one good mechanical engineering cqntractor in this area. On roll No comments were made from the audience. B & G Properties Oak Knoll Sub. Study Session City Administrator Almquist read summary of issues result- ing from recent study sessjon and asked Council's consider- ation relative to requests made by B & G Properties, and that the current agreement is ambi uous. City Administ- rator Almquist suggested Conncil s~ould consider whether rl~e cost of the sewer lift station should be part of the developer's cost and made a provision of the agreement. He also read a memo from Director of Public Works Alsing stating that it is anticipated that Bear Creek will need an interceptor whether Oak Knoll is developed or not as the Bear Creek plan is based on projection of growth to 69,000 population. Attorney Otto Frohnmayer introduced Walter Graff, Earl Lininger, Bud Lininger and Jim Wright and said he would like to work with the City of Ashland and that he had talked to the City Administrator and City Attorney and felt that ambiguities in the contract can be worked out. He said further that there is no plan to develop 308 units bu~ wan~s ~o develop a co~domi~,ium o£ abou~ IS0 units with landscaping designed for minimum upkeep and that they do not plan to build close to Interstate S. Frohnmayer Said that he feels the developer should bear the cost of pumping station and a proportionate share of the loo~ing of water lines. Soderberg asked if they were considering scaling down of O~eir zoning request. Walter Graff said the condominimum would be situated close to the golf course area and that the 10 or 12 acres along the highway would be open. Allen moved that we grant request on the condition that the problems are discussed with the idea of writing up a new contract. Prickett said the problems should be dis- cussed first and then a contract be drawn up and said that hook-ups had been agreed to by Council as early as 1962 or 1963. Soderberg said she would like to requFst the feel- ing of applicant on annexation. Frohnmayer said he would like to see only the property they want to develop annexed at this time. Conklin said he had not heard from anyone regarding the availability of water and that annexation is being discussed without knowledge of future needs and therefore he felt that the citizens of Ashland are being wronged. City Attorney Salter asked Council to decide what they wanted him to include in an agreemeut with the developers so that he would have direction. Allen with- dr~w his motion. Prickett moved that City Attorney Salter, City Administrator Almquist and Director of Public Works Alsing get together with representatives of developers to discuss m~tter~ draw up an agreement and bring it back to Council on December 4, 1973. On roll call, Allen, Sod- erberg, Prickett, McCannon and Roble voted YES. Conklin opposed the measure. Mayor Fries set a study session for Tuesday, November 27 at 7:30 p.m. to discuss the matter of the proposed lietel/ motel tax for the City of Ashland. NEtq & MIS. BUS. Oak St. Assess- ments City Administrator Almquist reported that records were' researched relative to proposal to forgive assessments in exchange for frontage on Ashland Creek and found that the proposal came from the Streets & Traffic Committee and that only two property owners had shown interest at that time. Parks Director McGuire showed a map of Ashland Greenway showing properties needed for future open space carrying a total of about $S,500 in assessments. Soderberg snggestcd that the assessment improvement funds could be replaced by Contingency Fund and it ~vould be a bargain for the City. Sealerberg moved that we offer this method to property owners if they will avail themselves of it. Allen said the project has never been approved by Council. Soderberg said every plan the City has in existence shows Greemvay plans on Ashland Creek and that it has been on the books for years. Prick~tt said there are things in the Compre- hensive Plan we now consider as non-realistic and that it might not he the best place to use the $5,000. Prickerr said that he voted for the $3,000 for the appraisal to see where we are going. McCannon said if he were to go back now he would vote against it andsuggested'the matter be brought up at the Study Session set fox' November 27. On roll call, Soderberg, Roble and McCannon voted YES. Allen, Conklin and Prickett voted NO. Mayor Fries broke the tie with a NO vote. · Plant Expansion Bonds Central Area Project Progress Report Justice Center Walker Strect/SPRR Conkiln moved to authorize City Attorney Salter to prepare ordinance calling for sealed bids on the sale of bonds previously authorized by the electorate for the expansion and improvement of the Sewage Treatment Plant, in the amount of $277,000 of City's cost. On roll call, all YES. City Adnxinistrator Almquist reported that the Downtown Pro- ject is nearly 60% complete. He said the price of con- crete material is up and does not know if the price will hold firm for the duration of the project. Almquist said the project may run $96,400, or six or seveu thousand dollars over the estimate, but that there is actually 4,000 feet of assessable frontage at a guaranteed assessment of $12.00 a foot totalling $48,000 which gives us a cushion by returning more than half of the City's estimated share. The City Administrator said that the job is slowing down now but due to the weather we were able to get further along than anticipated and that the portions we bare opened are now being closed up. Most of the work is being done North of town where businesses will not be disrupted during the Christmas season. Soderberg asked City Administrator Almquist if plans had been made to cut curbs for handi- capped people as required by state law. Almquist said that the project had already started before provision was put into law. City Administrator Almquist reported on the timetable of the proposed Jnstice Center and said that there would be a committee meeting in Lincoln City, of which Leigh John- son is a member, on December 13 & 14, 1973 at which time the eight proposals for funding by LEAA will be considered and given priorities, and then will be submitted to the full council. Rep. Johnson urged participation from the College, Judges, .County Sheriff and concerned citizens in support of our application, Almquist said. City Administrator Almquist said that application forms are still in print on new funding for railroad protection but we will be lhe first one to get them when avai]ab]e. Regular Meetin~ Sewer Lift Station Grandview Aeri al Phol ogrammelry ORDINANCES, RES. & CONTRACTS S i Ign Ordinance Mcister Annexation Ashl~uuL Ci Iv,_ Comic i ] Pagu ,1 City Administrator Aln¥luist read memo from Director of Public Works Alsing requesting release of fnnds for cons- truction of sewage lift station on Grandview Drive. Alsing showed area to be served where septic tanks are now in USe. Soderberg declared a conflict of interest and stated that she owns a ]6 acre piece of property on N. Mountain Ave in the City Limits and said she has requested a pumping station and was told she wou].d be required to pay $57,~00. She said if the Counci. t policy is to aid and abet one dev- eloper it should aid and ahet all developers. Hank HamptmL Attorney for Herzman - developer of Thunder- bird lleigbts ~ said the Planning Commission has unanimously approved Herzmc. n's 26 iota in ares made up of lots from 8,(~C. 0 to lf~,m. 10 sq. ft. en which he plans to develop nice ho:;!c~ aud the'4 !1 or ]2 ~i].l require pumping. lie stated fv~ther lbat Hcrzman wiXl pay for the main to be run to Wi!:mr gtrec. t. tie also r, oted that the pnmping station has be(ql pl;m~kd for ten ycars. City Administrator Almquist said the City had the opportunity to buy a. surplus pnmp about two yc.a~s ago and the project had been in the plan- ning stage ~t that time, Conklin said that there are many acres in the city limi ts that need developing without goin? outside the City and that he feels sure that as soon as the pumping station goes in you will have many more requests for ]~ook-nps. Conklin moved that request for release of funds for cons- truction of pumping station be granted. On roll call, Conklin, McCarmon, Rob]c and Prickett voted YES. Allen and SealerherS abstained. Prickett moved that the minutes reflect that the Grandview pulnF~n.% star:ion had been discussed prior to Herzman's application for subdivision, On roll call, Rob]e, McCanoo% P:lchett and Cnnlc!~n l'a1't'd Y/'S. Alien and Soderbe.'g abstained. City Administrator Almquist read memo relative to cost of aerial photoSran:merry as requested by Councilwoman Sealer- berg at October 16 meeting and reported that such mapping wonld cost $60,000 spre~d over a three year Bcriod at $20,000 per ye3r and suggested such cost might be included in the cost of storm sewer system should such project be* come a reality. Soderbcrg moved that Staff be authorized to investigate possibility of applying for advance grant froIn HUD. On Conklin's question as to participation by City, Almquist said there will be no participation by ~ City bnt the City will have to pay back' ~g% ,ditch Iva~ ad,ea~ec8 hy CH2M if and when the project is implemented. On roll call, passed unanimously. Second readin~ by title only was given of an ordinance amending Ordinance No. 1561, the Zoning Ordinance, by adding thereto a new Section 20, regulating signs; and repealing Ordinance No. 1357. McCannon moved for adoption. On roll call, passed with Conklin di. ssenting. Second reading by title only was given of an ordinance dispensing with an election on the question of proposed annexation, sc~ting time and place for public hearing and setting pub] ic date on withdrawal of certain property from Talent Rural, directing publication of notices and declaring an emergency. SealerherS moved for adoption. noble seconded for di:~cussion. Conklin sa:id he thinks that a moritorium should ~lo on all annexations nntil we do a study on where wc a~c goin~,l to get the water. On roll call, SealerherS, Rohle, McCannon and Prickerr voted' YES. Conk]in voted NO. Allen ab:;tained. Regular Meeting Street Imp. Dist. No. 39 City Administrator Almquist gave second reading by tit]' only of an ordinance levying special benefit assessment in the amouut of $71,10~.10 in the matter of construction of curbs and paving in Street Improvement District No. 39 and declaring an emergency. Conklin moved for adoption. On roll call, passed unanimously. Corallo Annexation City Administrator Almquist gave first reading of an ordinance dispensing with an election within the City of Ashland on the question of a proposed annexation and set- ting time and place for a public hearing, setting public date on withdrawal of certain real property from Talent Rural Fire Protection District and directing publication of notices as directed by ORS 222.524; and declaring an emergency. Roble moved to second reading. Soderberg stated ag~in that the p~operty proposed for annexation is not suitable for a mobile home park. McCannon, Roble, Allen and ?rickett voted YES. Soderberg and Conklin voted NO. Ordinance passed to second reading. Social Gambling Salter explained that changes in state law now legalized social gambling unless prohibited by local government. Roble and Soderberg felt there was no reason for alarm and Soderberg moved to table. On roll call, Allen, Soderberg and Roble voted YES. McCannon, Prickett and Conklin voted NO, Mayor also voted NO in deference to recommendation from District Attorney that City consider the problem. City Administrator Alm~uist gave first reading of an ordinance prohibiting social gambling, and declaring an emergency. It was the recommendation of City Attorney Salter that ordinance be adopted for period of thirty dsys to protect the City of Ashland until it is decided what is needed. Conklin moved to insert period of 30 days and excepting charitable, religious and fraternal organ- ....... ~ .....~ ....... and izations. Chief flays asked about a F ...... ~ ...... Salter agreed to add it to the ordinance. Conklin a~ain moved to include penalty clause and pass to second reading, On roll call, passed unanimously. Revenue Sharing City Administrator Almquist read a resolution transferring appropriations Within a fund in order to align budget with action taken on Nov. 6th relative to Revenue Sharing. Con- klin moved for adoption. On roll call, passed unanimously. Wastewater Treatment Award of Contract City Administrator Almquist read a Resolution authorizing award of contract to construct Wastewater Treatment Plant addition in accordance with contract document and contin- gent upon a 75% grant from EPA. Prickett moved for adopt- ion. On roll call, passed unanimously. Contractual Agreement City Administrator Almquist read Contractual Services Agreement relative to enlployment of John W. Bodilly as representative in negotiations with employee groups.on collective bargaining. Conklin moved Agreement be s~gned. On roll call, passed unanimously. Inspection of Dam City Administrator Almquist read letter form contract Trom Stevens, Thompson & Runyan for inspection of Hosler Dala. Prickerr moved that contract be signed. On roll call, passed unanimously. Roble movcd for adjournment at 10:45 p.m. Prickeli requested report on water facilities and overview of water resentcos. Conklin and Mayor Fries agreed with Fries adding that an appraisal of resources and cost of pumping T.I.D. water should be included. ,,Adjourn?d a 10:S0 p,m. ' os' IhiF]2~r , .r Rote flier Mayor