HomeMy WebLinkAbout1972-0808 ADJOURNEDMINUTES FOR THE ADJOURNED MEETING
ASHLAND CITY COUNCIL
AUGUST 8, 1972
I. ROLL CALL:
The regular meeting of the Ashland City Council was called to order at
7:30 p.m. in the Council Chambers of City Hall by Mayor Charles TicKeen;
Councilman Roberts was absent; Councilwoman Soderberg arrived later in the
meeting.
II. APPROVAL OF MINUTES:
Conklin moved to acceptsthe minutes of the regular meeting of August 1,
1972, and place them on file. Seconded by Willstatter. On voice vote,
passed unanimously.
III.
STANDING COmmITTEE REPORTS:
a. Public Service Committee:
McCannon stated that the Committee had met on August 7 and that all
interested parties were present. He then moved that the following
committee recommendation be adopted:
"The ~ublic Service Committee recommends to the City Council that the
Staff be directed to prepare an ordinance providing for the grant of
an exclusive franchise for the furnishing of taxi service in the City.
Said franchise shall be for an initial period of one (1) year, and
shall be non-assignable.
It is also the Committee's recommendation that once the terms of the
proposed franchise ordinance are acceptable to the Council, that the
Council publicly invite sealed proposals for the furnishing of taxi
service from interested parties."
Willstatter seconded for discussion, and stated that it was his reco-
llection that only the recommendation to provide an exclusive franchise
was made. He stated that he had spoke to individuals who were in-
volved in the drafting of the original ordinance and he could see how
Mr. Wilcox (of Lithia Cab) was led to believe he had a franchise; and
that only granting of an exclusive franchise should be considered at
this time.
(Councilwoman Soderberg arrived at this time.)
McCannon and Soderberg stated that Willstatter had left the Committee
meeting early~d that t~e additional items were considered later in
the meeting.
Conklin asked Mr. Voris and Mr. Dedrick, one=Of the applicants, if a
delayed approval would create a time problem for them; to which Voris
replied that they had planned to take over Lithia Cab as of the first
of September. Mr. Dcdrick stated they were anxious for a decision
since the present owner wanted to dispose of the business.
Conklin stated that he could see how Mr. Wilcox could have misunder-
stood, since the receipt stated "taxi franchise", and that in the
interest of time Mr. Voris and Hr. Wilcox should be able to find ou~
this evening who would be awarded the franchise.
Adj~' ~d ~eeting ASHLAND CITY COUNCIL August 8, 1972
Willstatter
the citizens of Ashland.
McCannon did not believe that
franchise during this meeting
~r. Voris then stated that if
not be too much of a problem,
interested in seeing that the
stated that his primary obligation was the interest of
it was possible to draw up a satisfactory
and award it.
it were delayed for two weeks it would
but that he and Mr. Dedrick were only
service continued for the benefit of
the citizens of Ashland. He also offered to bring a taxi expert from
Portland at his expense to assist the Council if it were necessary.
B~cCannon suggested that it might be appropriate for Mr. Voris to
present his proposal at this time. Soderberg stated she felt it
would be fairer if all parties were present.
Mr. Voris made it clear that he was not interested in "bidding" for
lowest rates to secure a franchise.
Conklin stated that since Lithia Cab is a local business and there
are local people interested in continuing the b~siness, our first
alliance is to local businessmen, and therefore the franchise should
be awarded locally. He stated he was concerned that the franchise
might be written so stringent that no one would be interested.
McCannon noted that certain provisions would have to be spelled out
in the franchise such as insurance, rates schedules, number of cabs,
etc., and that the Staff was better prepared to draft a satisfactory
francLise. All applicants could then know exactly what is required
and present their proposals and rates in written form.
Soderberg noted that the ordinance would spell out the franchise fee
on a per cab basis or a percentage of the gross revenue, and would
be the same for all. She added that the city was not interested in
t!~e franchise fee to raise revenue but only meet administrative ex-
pense, and that she was primarily interested in getting the lowest
rates fer the citizens.
C~nklin moved to amend the original motion by deleting the re~erence
to seeking 'lsealed'I bids (proposals), since the ordinance will lay
out standards for all to meet.
~IcKeen emphasized that the Council was asking for plans or proposals,
not bids, and that it would be desirable to know the plans of the
company that would be operating.
City Attorney Salter noted that the draft of the franchise to be
prepared would cover all necessary subjects and that the exact terms
could be inserted later by the Council.
Conklin asked the City Attorney if an initial franchise fee could be
set for th~ first year and amended at a later ~ime. Salter replied
that since the first franchise would be for only one year, any terms
could be inserted when the next franchise was drafted.
Willstatter stated that the City of Eagle Point had granted an ex-
clusive franchise, and that it should be reviewed.
Roble seconded the amendment to the motion.
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Adjol ed D. ieeting AStiLAND CITY COUNCIL August 8, 1972
IV.
McCannon requested clarification from the City Attorney concerning
the original motion as to what the interested parties would be bidding
on. Salter s~id it was his understanding that they would be submitting
proposals on the method of operation and rates, and not on the amount
paid to the city, insurance and other items that would be spelled out
in the franchise.
Conklin stated he was still not in favor of sealed bids, and did not
wish to withdraw his amendment to the original motion.
Voris stated that he believed the Council was placing too much emphasis
on rates charged to the public and not enough on other things like
number of cabs, a local dispatch station, etc. He also reiterated
his opposition to sealed bids but stated he would be glad to put his
plans in writing. Mayor McKeen stated that written plans would be
desirable.
Conklin again stated his opposition to bidding, since the exact terms
would be spelled out in the franchise, and that the choice shouldbe
made on the basis of who could provide the best total service.
Voris suggested that one of the provisions be that one cab be provided
for each S,000 people or fraction thereof.
~cCannon stated that it would bs desirable to have the franchise
ordinance prepared by the Staff and presented to interested parties
so that written proposals could be considered at a later time.
Willstatter stated that only the ordinance was necessary.~c~~sl
McCannon questioned how the Council could evaluate the services of the
interested parties, if no written proposals were to be submitted.
On roll call for amendment, passed unanimously.
On roll call for original motion as amended, passed unanimously.
ORDINANCES, RESOLUTIONS AND CONTRC'~:
City Attorney Salter stated that the Council had previously approved
a plan and timetable for improvements to the sewage treatment plant
which would include bonding of a portion of the necessary costs.
then noted that the three proposed ordinances were necessary in order
to set up a procedure to properly call the required election: the first
providing for a method of presenting an issue to the voters, the second
referring to the voters ~he actual bond issue, and the third calling
the election for September 26.
Willstatter stated he did not see the urgency of the measure and why
it was submitted at this adjourned meeting. Salter stated he was
leaving on vacation and wished to resolve the matter in the interest
of time, Willstatter then objected to the reference to the Charter
of 1970 instead of 1898 and wanted to have a firm committment of
Federal participation before calling an election.
Finance Director Robert Nelson explained that the plan was to repay
the bonds witIx users fees over the 20 year bond period, and that user
fees would rise gradually over this period. He also pointed out that
the CH2M estimates of revenues and expenditures had been refined some-
what and that it would not be necessary to increase user fees to
the degree originally anticipated.
Adj'~ ed ~eeting ASHLAND CITY COUNCIL August 8, 197j
City Administrator Almquist then gave first reading of "an ordinance
to provide the carrying into effect in the City of Ashland, Jackson
County, Oregon, the powers reserved to the legal voters of said
municipality to enact and amend its municipal charter reserved to
legal voters by Section 2 of Article XI of the Constitution of the
State of Oregon, and repealing all ordinances or parts of ordinances
in conflict herewith, and declaring an emergency." Conklin moved
that the ordinance be passed to a second reading. McCannon seconded.
Under discussion, Attorney Salter noted that in order to sell bonds,
voter authorization must be obtained through a Charter amendment.
This proposed ordinance sets up a general procedure for initiating
all future charter amendments or the future adoption of a new charter,
and is primarily a procedural ordinance.
Willstatter again stated that he failed to see the urgency since he
understood that construction was not to begin until next year.
Conklin stated that,.in his opinion, this measure is one of the most
important decisions he ha~ had the opportunity to vote on during his
past two years on the Council. He further stated that it is absolutely
necessary for any reasonably orderly growth in the future, and also
that since the restrictions on the effluent have been imposed by the
D.E.Q., we must meet them. He noted that we are only committing our-
selves to 40% and stated that he sincerely hoped the Council would
give its 100% support, and urged that it be passed.
Willstatter stated he had previously suggested alternatives, that he
did not like the idea of signing "blank checks", and again indicated
he was against the proposal.
McKeen pointed out that that this ordinance did not relate.specifically
to the sewer improvement bond question, but was simply a procedural
ordinance.
Conklin stated that any phase of this sewer bonding proposal was im-
portant in reaching the final goal of securing the approval of the
Voters.
b~ayor McKeen stated that ~he people of AShlAnd'ha~e always been fore-
sighted in dealing with problems before they become hazardous and
urged passage of the ordinance.
Soderberg stated she had carefully reviewed the ordinance and that it
was proper, and urged its passage.
On roll call vote, passed with Willstatter dissenting.
City Administrator Almquist gave first reading of an ordinance sub-
mitting to ~he legal voters of the City of Ashland a proposed amend-
ment to the Charter of said City and declaring an ~mergency.
McCannon moved tb pass the ordinance to a second reading. Seconded
by Conklin.
Under discussion, Willstatter again stated he could not see the urgency
of the matter.
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Adjo ed ~'leeting ASHLAND CITY COUNCIL August 8, 197'
Roble said he was concerned that the ordinance did not make reference
to repayment from users fees. City Attorney Salter noted that this
was the intent, but that it could not be included since the full
faith and credit of the City was pledged anyway. He then explained
that the reason that such favorable rates were available on municipal
bonds, was that the payment records of municipalities was good; a
purchaser knows that the general revenue of the City is pledged as
its ultimate source of payment. He then pointed out that limiting
payment to user fees would constitute Revenue Bonds rather than
General Obligation Bonds and that he did not know of other Oregon
cities using Revenue Bonds, but that interest rates would most cer-
tainly be higher for the City.
Roble stated that he still saw nothing illegal about inserting a
clause concerning repayment by user fees and stated that he would
vote for the ordinance if such a clause could be inserted.
Salter again noted that a higher interest rate would be paid by the
City, and that a Revenue Bond procedure would take about three weeks
to prepare, and that as such, an election would not be possible on
the date anticipated.
Roble stated that he would not vote for the ordinance if if meant a
possible property tax increase, unless the Legislative passed some
type of tax relief measure.
Conklin stated that it l~ad already been pointed out that user fees
would be adequate to repay the bonds and that no tax would be likely.
Mayor McKeen stated that although a future CoUncil always has the
right to change whatever this Council does, he believed they would
honor a committment.
Conklin questioned if a resolution could be drawn up declaring the
Council's intention to pay for the bonds through user fees. City
Attorney Salter replied that it may reflect adversely on the sale of
the bonds, resulting in the City having to pay a higher interest rate.
On roll call vote, passed with Willstatter and Roble dissenting.
.... ~/_~Councilman Willstatter left the meeting at this point and ~Iayor
,~,~/~ ~ ~,IcKeen declared a ten minute recess. Upon reconvening, Councilman
Roble requested that he be allowed to change his vote on the previous
question to a YES vote. lie stated that during the recess he received
additional information on the proposed ordinance and had not realized
the difference between the types of bonds, and that it would result
in a greater cost to the citizens. There were no objections, and the
Mayor allowed the change of vote.
(Joint Meeting with City Planning Commission)
At 8:30 p.m. members of the Planning Commission appeared, at the invitation
of the City Council, to participate in a general discussion concerning the
proposed updating of the Comprehensive Plan and the Planning Commission
budget.
Adjo ed Meeting ASHLAND CITY COUNCIL August 8, 1977
Conklin opened the discussion by stating that the purpose of reorganizing
the Commission was to create adequate funding in order to secure some pro-
fessional help to update our Comprehensive Plan and zoning. He stated
that since there is now competition for those funds, that we must make sure
that there are enough funds to carry out the primary purpose. He stated
that he '~conceded that we do have some obligation to the Chamber" and that
he was "willing to make some payment to them, but not nearly in the amount
of $2,200."
City Administrator Almquist stated that the purpose of the joint meeting
was primarily to discuss the Council's intended program of updating the
Comprehensive Plan. He stated that the Council's intent is not designating
line items in the Planning Commission budget, was to allow them to make
recommendations on how the primary goal of updating the Comprehensive Plan
could be accomplished. He noted that about $3,000 would be necessary for
fixed expenditures such as legal notices, postage, dues, etc.
Some discussion ensued with several members making motions or suggestions
about how muc]~ should be designated for Chamber support, including a sug-
gestion that it be taken from Electric, rather than General Funds.
Soderberg stated that since we had not notified the Chamber that we were
considering a reduction in support, we should not leave them in a lurch
this year. She also stated that she was opposed to telling the Chamber
what to do with the money.
Conklin stated that 'lwe should first consider=~total planning program
expenditures and then look at what excess is available for the Chamber,
rather than make a Chamber contributi6n first and then hope to have enough
left for planning."
F~ore discussion ensued regarding the specific amount to be given to the
Chamber, and it was finally determined that the Council would wait for a
recommendation from the Planning Commission.
Soderberg stated that the Comprehensive Plan and Zoning Ordinance needsto
be updated, and would like to consider a consulting firm from "outside the
valley" to do this work. She stated that she would like a statement from
the Planning Commission as to what our 20 year growth projection would be.
(Discussion on Air Conditioning for Council Chambers)
Due to the uncomfortable temperature in the Council Chambers, Roble moved
that the City Administrationlbe directed ~o.lget.an a±rcoHdition~rtfor t~e
Chambers by the next meeting. Seconded by Soderberg and unanimously
carried.
ORDINANCES, RESOLUTIONS AND CONTRACTS: (continued)
4. City Administrator Almquist gave second reading of an ordinance calling
for a special election to be held on September 26, 1972, and providing
for the submission at said ~tection to the legal voters of said City,
a proposed act of municipal legislation amending the Charter of said
City to provide for the issuance of bonds in the amount not to exceed
two hundred ninety-five thousand dollars ($29S,000.00), to finance
the design and construction of additions and improvements to the
Ashland Sewage Treatment Plant facilities; and declaring an emergency.
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Adjo ed Meeting AStILAND CITY COUNCIL August 8, 197~
Conklin moved to pass the ordinance to a second reading. Seconded by
Soderberg. On roll call vote, passed unanimously.
Mayor ~cKeen gave second reading by title only of an ordinance amending
Ordinance No. 1361, the Zoning Ordinance of the City of Asht~nd, to
rezone certain property from R-I:B-~ (single-family residential) to
R-3:2.4 (multiple-family residential), and declaring an emergency.
Conklin moved that the ordinance be adopted. Seconded by McCannon.
On roll call vote, passed unanimously.
There being no further business, Conklin moved to adjourn. Seconded by
McCannon. On voice vote, the meeting was adjourned at 10:20 p.m., subject
to call of the ~ayor.
Respectfully submitted,
eph H. Butler
City Recorder
slk
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