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HomeMy WebLinkAbout1977-0628 REG MIN ",'f. .... , , ,lection of Chairman .' ~ ~oll Call ;OUTHERN GREGON CABLE TV MINUTES OF BOARDS (I - MINUTES OF THE ADJOURNED'NEETING ASHLAND CITY COUNCIL June 28, 1977 As Mayor Prickett was not present, Laws nominated Ragland to act as Chairman Protem, Drescher seconded and it passed unanimously on a voice vote. Thus, the adjourned meeting w~s called to order by Chairman Pro- tem Ragland on the above date. Ragland, Drescher, Hamilton and Phelps were present. City Attorney Salter reported that he had received a new draft of the franchise from "SO-,'Cable TV and that it contained significant changes (1) it omitted the rate review language in Section 17; and, (2) the term was amended to read fifteen years; and, (3) section on advertising was deleted. Carl Brophy, Attorney, representing the company said that the contents of the agreement had all been covered before and they still contend ths. cable TV is not a utility but a luxury and therefore the City ought not review rates as though it is a utility. Brophy said that FCC used to 'require a rate review but has now eliminated this requirement and Klam- ath Falls had modified their franchise to eliminate that sectlon call1r:~ for rate review. Brophy said that the term was amended to read fifteen years so that they would have sufficient time to get a return on any investment they may make. Ragland said Council is not attempting to set the rates but ,would like some recourse by review and that ten years would seem more reasonable than fifteen for the term. Laws stated that since Ashland's contract is first to be settled here in the valley, thar a precedent is being set by the language of the franchise. On Ragland'? question as to how rates are set in Ashland, Cantrall (Operations Dir.) said that rates are set by extent of improvements and mentioned the newly installed microwave signal, and added that Council should not haVE the power to regulate rates which should be controlled in the market placl'. McCannon said that there didn't seem to be all that much differ-' ence in a fifteen'year term and ten years. Laws disagreed saJing that ten "ears is a long time to just let things go and it is long enough for the TV company to realize a return on their investment and reminded Council that they refused to make accounting available on which to esta~ lish criteria. Laws said that since there is no competion, someone should be looking over their shoulder as regards rates. Council and Southern Oregon Cable reached an impasse when rates and term were con- sidered. Attorney Brophy submitted an alternate Section 17 which he had sketched out and had not as yet had the opportunity to get approval of the principles of SOCTV. Brophy said Council, by insisting on con- trolling rates, is acting like the Federal Communications Comm. which have ceased control of rates in cable TV franchises. Lm,s moved to tab, until meeting of July 5; Hamilton seconded. Laws said there are other changes necessary in the language and Salter requested a letter be sent stating that Section 17 ,with changes would be enforceable. Brophy agreE to send such a lettcr. Laws made clear he is referring to the draft we will be working with is the one attached to the City Attorney's letter of June 16. On roll call, motion passed without opposltion. Laws moved to accept minutes of Boards, Commisslons and Commlttees as submitted; Hamilton seconded and on voice vote, all YES. 6/28/77 Pg. 1 ..-- Meeting (i. ASHLA,''lD SCHOOL DISTRICT PUBLIC WORKS EMP. ACT ASHLAND SANITARY SERVICE RATE INCREASE REQUEST Ashland City Council 6/28/77 Pg. 2 - A letter from Superintendent of Schools Jobe was read requesting endorse ment by City of their funding request to finance construction for the school district through the Public Works Employment Act of 1977. Laws moved to approve request for endorsement; Phelps seconded and on roll call, passed unanimously. A letter was read requesting a 50~ per month increase in garbage collec: ion rates for residential plus an increase in commercial rates equal to the rest of Jackson County and local cities nearby. Laws moved to approve; Hamilton seconded and on roll call, all YES. ALICE WALK 'A letter from Josephine Rhodehamel suggesting a public walk be named fOl ,Alice Applegate Peil located between the Hillah parking lot and Granite Street was read and considered. Phelps moved to approve request; Dres- cher seconded. Director of Public, Worksstiggested the walk be called ,"Alice Peil Walk" Phelps so amended; Drescher seconded and on roll call, ,passed unanimously. CEMETERY POLICY Finance Director Nelson reported that he had a request for cremation without funeral services and reviewed reasons for iec9mmending,that'the request be denied. Ragland suggested that Nelson research possibility of a less expensive funeral service being offered in such cases. Laws moved to table until information is available; Hamilton seconded and on roll call, all YES. 208 Water Resources Study The revised 208 Water Rescurces Study was reviewed by To~ Davis of Mont gomery Engineers who said he had contacted the Forest Service relative to the preservation of the watershed and reported that although the fir report had eliminated construction of roads, it is now recommended that roads could be built under certain controlled conditions,and that tfube ini.ght be cut 'for roads and for p08sible ,,'" construction of another res' ervoir., Dennis Eckhardt, chemicnl engineer for Montgomery recommended purchase by City of a dredge for \3e at Reeder Reservoir and suggested work be done during highest creek ilows for least impact on environment Also suggested was research by City into purchase of mineral rights to 'protect the site from road building by someone who may have filed a claim. Council agreed to place adoption of study on next agenda, and that representative from Forest Service be invited to the meeting for comments. R. W. Beck Electric Rept. Ci.ty Administrator Almquist read a letter from R. W. Beck & Associates relative to Ashland's future electric power supply offering a two-part study to evaluate system before contract for power eX?ires in 1981. The matter was discuEsed in detail and Almquist suggested that George Dickson be available at a meeting for comment. No action necessary. Pavement Cuts A memo from Director of Public Works Alsing was read to report pavement cuttings at 1024 Park Street on emergency basis to repair a leak and a prepaving replacement of water main on Henry between Mountain and Liberty be done in the near future and requested at this time. PhelpS moved to approve; Laws seconded and on roll call, passed unanimously. Ordinance to Levy Taxes Second reeding by title only was given an Ordinance levying taxes for fiscal year 1977-78. Laws moved for adoption; Hamilton seconded thc 6/28/77 Pg. 2 The meeting adjourned Na7?~an~i!~ City Recorder ~ Meeting ,r., Otdinance - Budget . Ord: Oak Knoll Annex. Resolution - Winburn Way': Parking Restrictions esolution 77-28 ?ecial Election Resolution -, Grant App. Resolution - Taxi Service Resolution - Transfer of Funds Resolution - Transfer of Funds - Fire Dept. Resolution - Accepting Deed to Bluebird Park Library Facilities Lease Playground Equipment --.....-- Ashland City Council 6/28/77 Pg.3 - Second reading by title only was budget and making appropriations for adoption; second by Hamilton given an Ordinance adopting the annual for fiscal year 1977-78. Laws moved and on roll call, passed unanimously. First reading was given an ordinance annexing a contiguous area to the City of Ashland 'known as Oak Knoll Area. Hamilton moved to second read- ing; seconded by Drescher and on roll call, all YES. A resolution restricting parking on Winburn Way between Guanajuato Way and Nutley aEd providing a penalty was read by the City Administrator. Laws asked that Subsection (b) be amended to read "all such parking shall be head-in only" and moved to adopt resolution as modified. Hamilton seconded the motion which passed unanimously on roll call vote. A resolution calling for a Special Election to be held July 26, 1977, and providing for the submission at said election to the legal voters of said City a proposed act of municipal legislation amending the Char- ter of said City to provide for the issuance of bonds in the amount not to exceed $590,000.00 to finance the cost of the design and constructio~ of additions and improvements to the City's water system for the purpos~ of conveying, water from the Talent Irrigation District system to the City's water purification plant was moved for adoption by Drescher and seconded by Phelps. Passed unanimously on roll call vote. A resolution authorizing the submi~sion of a grant application under Public,Law 95-31, the Community Emergency Drought Relief Program, and making certain assurances was read by Almquist. Phelps moved for adoption; Hamilton seconded and on roll call, passed unanimously. A resolution approving an increase in the rates charged by the taxicab service franchise by the City was read by the City Administrator and -Hamiltoe moved for adoption; seconded by Phelps and on roll call, all YI:: Almquist read a resolution transferring appropriations within funds. Dres~her moved for adoption; Hamilton seconded and on roll call, motion pas' ',d unanimously. A'resolution was read transferring appropriations within funds was read and Laws moved for adoption. Phelps seconded and on roll call, all YES. A resolution authorizing the acceptance of deeds from Jackson County for Parks & Recreation purposes (Bluebird Park) was read by Almquist and Hamilton moved for adoption; seconded by Phelps and passed unanimc~, ly on roll call vote. Modification of the lease of library facilities was discussed by the City Administrator who explained an error in the legal description and said the, matter would be taken care of - no action necessary. A gentleman in the audience suggested that the tumbler in Lithia Pla,- ground be modified to preclude children's fingers getting caug~t bet_eec boards by placement of small slats to close space. Almquist said he would notify the Parks Director in the morning and thanked the gentle=a~ for his interest. .~ James Ragla?r G~~airman Pro-tern 9. -""