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Talent may try to keep building ban City might become first to test state's two-year limit By WENDY SIPOREN TALENT -- With at least 18 months to go before the completion of a water pipeline from Medford, Talent is once again facing the question of limiting new construction in the city. The issue arises because of a state law that limits building moratoriums to four six-month periods. The City Council first declared a water emergency and adopted a building moratorium in February 1997. After three renewals of the moratorium, the city now faces a quandary: whether it can continue the moratorium until it has a stable water supply to quench the thirst of new development. Talent gets its water from two water treatment plants, a 25-year-old plant on Bear Creek and a smaller 35-year-old plant on Wagner Creek. City officials say the population now exceeds the supply capabilities of the plants. "The fact is that we don't have enough water and it's creating a hardship for some people," said city planner Nancy Kincaid. "But we're not willing to put existing residents at risk (by continuing development)." In the past two years, the city has denied approval of a shopping center, the relocation of Oak Street Tank and Steel, a subdivision and a family home. The Roseburg-based developers of the Oak Valley retirement community cite serious financial jeopardy as the reason they need an exemption to the moratorium. While no one is suing the city over a construction project, the possibility is clearly a concern for city staff and elected officials. On Wednesday, the City Council will consider two strategies to continue the moratorium: a second new moratorium ordinance and a special ordinance called a public facilities strategy. According to state planning staff, the purpose of the public facilities strategy would be to allocate water only to certain projects. "Other cities (that have adopted a public facilities strategy) had some remaining capacity they wanted to allocate over a period of months," said Jim Hinman, an urban planner with the Department of Land Conservation and Development. "Our advice to the city was that we didn't think the city of Talent's situation fit that ... It really seems more like a moratorium." Hinman says that puts Talent in a unique position because he's not aware of any other city that has attempted to adopt a second moratorium to get around the two-year limit. "I don't think the question (if that can be done) has been tested," he said. Talent's strategy ordinance differs from the moratorium in that it would allow the construction of an irrigation system and bathrooms for the city's skateboard park and would allow construction for two developments that have approved site plans, but not building permits. The two-year limit on building was adopted by the state Legislature in 1991. One of the driving forces behind the limit was building industry opposition to Jacksonville's long-standing moratorium. Building was halted in that city for a total of 15 years beginning in 1973, when the Department of Environmental Quality imposed a 10-year moratorium because of the city's inadequate sewage treatment facilities. Citing concerns about water storage and delivery, the city council imposed a second moratorium from 1990-96. "They (housing lobby) didn't want to see that happen again," said Paul Wyntergreen, Jacksonville city administrator. On Wednesday, the City Council will hear public testimony on both a public facilities strategy and a new building moratorium. The council will also consider adopting a master plan for its water system. A second public hearing will be held March 3 to consider the moratorium. Meeting set What: Talent City Council meeting to discuss building moratorium When: 6:30 p.m. Wednesday Where: City Hall, 204 E. Main St. Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA