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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. -2- 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. -4- 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. -6- 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 -7-