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HomeMy WebLinkAbout1998-0602 Council Mtg PACKET In1dortant, Arjy Clbzen ettentllrlg Council meetings irWy Speak on any item on -t.b. y> less it I _the su #,li out the le.......... will recognize u and Inform you as to the amount of time allotted to you Ther3ime granted dependent will be eo to s AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 2, 1998 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. II. ROLL CALL: &LA, Aav,.- III. q�PROVAL OF MINUTES: Regular meeting minutes of May 19, 1998. IV. SPECIAL PRESENTATIONS & AWARDS: Mayor's Proclamation declaring June 8 - 15, 1998, as "Crosswalk Awareness Week." Mayor's Proclamation declaring June, 1998, as "National Safety Month." V. CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Confirmation of Mayor's appointment of Richard.Wanderscheid as Administrative Services Director. 3. Approval of annual liquor license renewals. 4. Application for liquor license for ."Alfresco," 70 Water Street (applicant Ann Clouse). 5. Application for liquor license for "Wiley's Organic Pasta Company," 1606 Ashland Street (applicant Terry and Julie Wiley). V1. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting). 1 Consideration of adoption of 1998-1999 budget. VII. PUBLIC FORUM: Business from the audience no included on the agenda. (Limited to 5 minutes per speaker and "15 minutes total.) VIII. UNFINISHED BUSINESS: (None► Council Meeting pkt. F BARBARA CHRISTENSEN CITY RECORDER IX. NEW AND MISCELLANEOUS BUSINESS: 1. Council Meeting Look Ahead. X. ORDINANCES RESOLUTIONS AND CONTRACTS: econd reading b title only of "An Ordinance Authorizing the Municipal quire ediation in Certain Cases." econd readin y title only of "An Ordinance Amending Chapter 13.24 of t e shIand Municipal Code Regarding Standards for Naming and Renaming Streets." 3. First reading by title only,of "An Ordinance Amending Section 9.08.060.) of the Ashland Municipal Code Relating to Trackout Restrictions." 4. FF reading by title only of "An Ordinance Amending Ashland Municipal Code (AMC) Chapter 9.24 and AMC Section 10.30.010 by Incorporating the Provisions of the Model Woodheating Ordinance and Repealing Ordinance 1 No. 2555." First reading of "An Ordinance Levying Taxes for the Period of July 1, 1998 To and Including June 30, 1999, Such Taxes in the Sum of 55,539,AA8-A& Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon and Declaring an Emergency." cond readin y title only of "An Ordinance Levying Taxes for the Period of July , To and Including June 30, 1999, Such Taxes in the Sum of upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon and Declaring an Emergency." Reading by title only of " Resolution dopting 1998-1999 Budget and Making Appropriations." Reading by title only of A Resolution rtifying City Provides Sufficient Municipal Services to Oua t y for tats Subventions." Reading by title only of A Resolution claring the City's Election to Receive State Revenues." ( Reading by title only of olution evising Rates for Electric Service Pursuant to Ashland Municipa o e Section 14.16.030 and Repealing Resolution 94-30." XI. OTHER BUSINESS FROM COUNCIL MEMBERS: XII. ADJOURNMENT: MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 19, 1998 PLEDGE OF ALLEGIANCE Mayor Shaw called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen, Wheeldon and DeBoer were present. APPROVAL OF MINUTES The minutes of the regular meeting of May 5, 1998 were accepted as presented. SPECIAL PRESENTATIONS & AWARDS 1. Presentation by RVTD regarding proposed new bus route. Sherrin Coleman of the Rogue Valley Transportation District(RVTD) publicly thanked the City of Ashland for support, and stated that she looked forward to a good relationship in the future. Scott Chancey,also of RVTD, presented details of a proposed bus route for East Main Street. Noted that this new inner city loop would begin service on July 6'", and would cost $0.25 as the other routes do. Also stated that limited Saturday service would be reinstated at that time, with the new route running along with a single route combining both routes 5 and 10. Noted that there would be no additional costs to the City of Ashland, explaining that federal monies and increased operational efficiencies made a new route possible and Ashland was chosen based on its ongoing support of RVTD. Confirmed that bus routes will be staggered every 7'/2 minutes to prevent any negative impact on downtown traffic. Stated that Council would receive a final map of the proposed route when all stop locations have been finalized. Public Works Director Paula Brown provided an update on the status of the new bus shelters. Noted that funding had been received for seven new and revised shelters. Currently working with RVTD, looking at options for ready-made structures and comparing to original designs. Will have two of the new shelters up, at Southern Oregon University and the Ashland Public Library, with all amenities during the next fiscal year. Confirmed that designs will be brought before Council as soon as they are finalized. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Authorization for Mayor and City Recorder to sign Quitclaim Deed releasing existing access easement off Ditch Road. Councilor Reid questioned whether Ditch Road has a public easement out to Grandview. It was confirmed that there is an easement. Councilors Reid/Hagen m/s to accept the consent agenda. Voice vote: All AYES. Motion passed. PUBLIC HEARINGS 1. Consideration of adoption of "An Ordinance Amending Section 9.08.060.J of the Ashland Municipal Code Relating to Trackout Restrictions." City Council Meeting 05-19-98 1 2. Consideration of adoption of"An Ordinance Amending Ashland Municipal Code (AMC) Chapter 9.24 and AMC Section 10.30.010 by Incorporating the Provisions of the Model Woodheating Ordinance and Repealing Ordinance No. 2555." Conservation Manager Dick Wanderscheid briefly noted the history behind these two proposed ordinances, which are part of air quality plans to be implemented statewide. Explained that the Mayor, Council and staff had expressed concerns at previous meetings concerning issues around transportation and industrial regulations. Noted that City Attorney Paul Nolte has prepared ordinances based on the models provided. Explained that implementation and enforcement will be handled by existing staff, and the exemptions process will be through ACCESS, Inc. Also stated that the City is currently looking at the possibility of funding alternate heating sources, weatherization,and wood stove replacement programs. After tracking sole-source exemptions for the first year, the Conservation Division will request block grant monies next year for woodstove removal and weatherization. Wanderscheid also noted that a draft letter, outlining the Mayor's concerns to the Department of Environmental Quality, was included in the packets. Stated that staff recommends that these ordinances have their first readings in June, and that staff would welcome any comments from the council or the public. Wanderscheid explained that the proposed trackout ordinance would give more leeway in enforcement as it applies to more than merely construction sites. Discussed keeping trackout out of the right-of-ways, including city crew procedures such as street sweeping and debris removal. Noted that the proposal strengthens the City's current trackout ordinance and would help to educate the public. Discussion of the special/temporary exemption included in the proposed ordinance. Wanderscheid explained that this exemption could be applied for people who had an alternative heat source being repaired and needed to use wood heat until the alternative source was repaired. Noted that it could also be applied to medical exemptions. Mayor Shaw stated that in the draft letter, at the end of the first paragraph, "country" should be changed to "nation". Discussion that certified woodstoves would be allowed to bum, as long as no visible emissions are present, even on red days. Also noted that in the proposed ordinance,the opacity standard had been set at 40%, where the county model allows 50%. Wanderscheid explained that 40% was a voter-approved standard and had not been changed. Councilor DeBoer questioned the proposed ordinances' similarity to the models, stating that he hoped to ensure county-wide consistency. City Attorney Paul Nolte noted that he could provide copies of the models to the Councilors. Stated that there were some differences as the proposed ordinances under consideration were more stringent in some areas. Discussion of requiring paving of private driveways for new construction. Wanderscheid noted that other planning requirements could require paving as well. Explained that under the proposed ordinance,these requirements are for new development and would be primarily complaint driven. Public hearing opened at 7:24 p.m. Myra Erwin/300 Grand View Dr./Conservation Chair of the Rogue Group Sierra Club/Congratulated City on its efforts. Feels that proposed ordinances are excellent,that they fit well with county-wide efforts, and she supports the draft letter. Public hearing closed at 7:25 p.m. City Council Meeting 05-19-98 2 PUBLIC FORUM None. UNFINISHED BUSINESS None. NEW AND MISCELLANEOUS BUSINESS 1. Written briefing regarding the Year 2000 computer problem. City Administrator Mike Freeman noted community interest in this issue, and assured the Mayor and Council that the City is working to identify those instances where the Year 2000 problem will be an issue for City operations. Proposed solutions will be brought to Council at a later date. Explained that the biggest issue for the City is the Electric Utility system, and stated that there will be periodic briefings about progress made in this area. Mayor Shaw suggested that staff consider including an informational article on how the Year 2000 issue would affect city residents in the next issue of the "Ashland City Source". City Recorder Barbara Christensen confirmed that an article of this nature is planned for the next issue. 2. Memorandum from Public Works Director regarding Oak Street Pedestrian Access and Traffic Calming Project- Final Approval and Financing Option. Public Works Director/City Engineer Paula Brown thanked Assistant City Engineer Jim Olson for his work on this project. Noted that Council has been provided copies of the original grant request, along with new drawings of changes that have been made. Explained that the latest design shows general community and neighborhood consensus. Noted that designs will be sent to Oregon Department of Transportation (ODOT) for final approval. Pointed out sidewalks and traffic calming features that are included, such as speed humps/speed tables and raised crosswalks. Noted concerns over the possibility of increasing traffic on nearby streets. Explained that traffic calming measures were to provide pedestrian safety and access and limit speeds to their posted levels. Will look at traffic counts to monitor traffic effects on nearby streets and make changes as necessary. Mayor Shaw noted the likelihood that people using Oak Street as a bypass might switch to North Main, but stated that residents were not likely to change their behavior. Mayor Shaw pointed out that the second paragraph of Brown's memo on this subject notes the possibility of traffic shifts if speed is reduced. Shaw emphasized that the traffic calming measures are not about changing the posted speed limits, but to slow the actual speeds driven down to these limits. Brown noted that the project area will be a shared facility, which allows autos and bikes to share the road because of the speeds driven. Mayor Shaw questioned the wording on the second page of Brown's memo. Explained that in the top paragraph, the wording that receiving the grant meant an LID was no longer an option was incorrect. Brown explained that an LID had been discussed, but alternative financing was found and this was the preferred option. Mayor Shaw emphasized that an LID was, and still could be, an option. Discussion of whether a Bicycle/Pedestrian Facilities Grant would be given when no bike lanes were included. Brown confirmed that this was a possibility as this is to be a shared facility. Discussed the use of the term "avenue" in reference to Oak Street, when other terms have been used in past. It was explained that this is the term used in the Comprehensive Plan's Transportation Element to classify major collectors. Further discussion of the use of"avenue"as a street classification. City Council Meeting 05-19-98 3 Brown explained some of the possible financing options. Noted that the total project cost is $145,700, and the grant from ODOT is for $100,000. This leaves$45,700 to be financed. Stated that ODOT requires a 20% local match as a condition of the grant. Explained that neighbors have looked at funding the project through voluntary contributions, and have pledges for close to $20,000. Brown clarified that staff time to date for administrative services and engineering(approximately$13,250) can be applied as a "soft" match to cover a portion of the city's contribution toward the remaining $45,700. Explained the options available as: 1) The City could mandate an LID for the entire $45,700. 2) The City and the neighbors could split those costs, meaning that the neighbors would have to raise roughly $3,000 more. 3) The City and the neighbors could proportionally split the costs. The City would provide the "soft" match for $13,250 with the balance to be raised by the neighborhood. This would require about $12,000 more than the neighbors have already raised. 4) The City could pay the entire amount from the arterial street and/or sidewalk fund. Stated that the staff recommends the City apply the "soft" match of$13,250, leaving an additional $12,000 to be raised by the neighbors beyond the current pledges of$20,000. Confirmed that the "soft" match covers a portion of the costs already included in the $145,700 total. Mayor Shaw noted while she has not been involved in the neighborhood's efforts, she is a resident of the neighborhood, has made a pledge and will pay in some manner regardless of the decision reached on this matter. Discussion of the Council's intentions in the past to provide up to $30,000 a year to pay for up to 25% of sidewalk installation costs in established neighborhoods. Noted that these funds have been set aside, but have not been used. Mayor Shaw noted that she did not see the possibility of using this money included in the options. Brown stated that in the fourth option, the reference to "arterial street fund and/or sidewalk funds" refers to these monies. Mayor Shaw suggested that these funds could be applied to 25% of this project, up to the $30,000 limit, by the City and the remaining balance could be paid from the funds raised by the neighborhood. Director of Finance Jill Turner noted that four years ago, the Council had adopted a policy of setting $30,000 aside each year for sidewalks. She believes that during one year since, funds were used on Tolman Creek Road, and one year they were used for bike lanes. Stated that there is now about $65,000 available. Noted that about a year ago, the arterial street assistance fund was created,and that fund includes the sidewalk money for this year. Discussion of whether those funds were tied to the LID process. Discussion, noting that these funds had not been tied to the LID process, but could be used as part of an LID. Explained that the intent of the assistance fund was to relieve some of the burden on property owners on owner-paid improvement projects on arterial streets, as costs were greater due to the streets being arterials. Turner stated that the remaining balance is around $65,000 as some allocation had been used on the Central Ashland Bikepath. Stated that this could be repaid. Councilor Hagen stated that Oak Street is an arterial, and calming measures are necessary due to this classification. Suggested that money from the arterial and sidewalk fund be used. Feels that neighbors are partly responsible for receiving the grant and have in a sense been a part of raising that $100,000. Councilor Hauck noted that $15,000 from the sidewalk fund could be used, along with the money raised by the neighbors and the City's "soft" match, to pay the entire amount without touching arterial street funds. Discussion of the design of speed tables/humps. It was noted that concerns had been raised over liability issues and over the possibility of excessive noise when unloaded trucks go over an area of a street that is not level. Brown noted that as far as liability was concerned,the designs have been updated many times over the years, City Council Meeting 05-19-98 4 1 5 and there is no adverse impact to cars or bicycles traveling at the speed limit. Stated that noise could still be a factor. Brown noted that these designs are in use throughout the state. Brown noted that due to liability issues, there are usually no mid-block crossings. There are mid-block crossings in this design due to the length of the block. Emphasized that the City has taken as many precautions as possible, including the planning of parking and placement of the crosswalks as close to intersections as possible. Noted that designs still have to go to ODOT for approval. Stated that there have been numerous changes since the original proposal, and that the final designs are those included in the packet information. Emphasized that these designs meet with the approval of the majority of those in the neighborhood, and that they have worked very hard to reach a consensus. Brown again commended Assistant City Engineer Jim Olson on his work on this project. Explained various elements of the project and their placement, looking at the final designs starting from the Hersey Street end, and noting the changes since the original proposal. Discussion that traffic calming measures serve as a pedestrian safety amenity, and allow use of the project area as a shared facility between automobiles and bicycles. Emphasized that the traffic calming aspect of the project should not be looked at as separate from the bicycle/pedestrian aspect of the project. Olson noted that a four-way stop was to be placed at the intersection of Oak and Hersey, which is a change from the original design. This will involve narrowing the lanes and adding multiple lanes. Explained that traffic volumes on Oak Street have decreased 2-3% while Hersey Street traffic volumes have increased by 30%. Traffic warrants, flow, slope, angle, and the number of recent accidents are all addressed with the proposed four-way stop with three lanes of channelized traffic, and the possibility of a future signal at the location without further changes. With the four-way stop, designs have been modified so that the sidewalk will be on the east side due to slope. This necessitated a crossing, nearly mid-block by Crispin Street. Between Crispin Street and Jessica Lane is the first of three speed humps. These will have no impact at twenty five miles per hour, but can be jolting at higher speeds. Further down, there will be a speed table and a reduction in total lane widths to 24'. The second speed hump will be placed further down, at a distance of 350-600 feet as recommended. Between Jessica Lane and Oak Lawn Avenue will be the first of three traffic islands. This island will measure about eight feet by thirty feet and will include street trees. This was not included in the original designs, but the neighbors were interested in this option. Explained that the island is to be placed slightly off-center to slow traffic. Near Oak Place and Nevada Street, there is to be a raised, decorative speed table to provide a gateway to the neighborhood which will also serve as an introduction to the traffic calming area. Discussed concerns over the placement of a four-way stop at Oak and Hersey. Suggested that with traffic calming measures,warrants should drop dramatically. Brown explained that warrants were due to increases in traffic on Hersey Street, which now carries nearly as much traffic as Oak Street. Discussed concerns that stops are difficult for bicyclists, and that another stop could encourage bicyclists to break the law. It was noted that of the eleven accidents at this intersection, several were caused by running the stop sign on Hersey, and numbers were split equally between north and south. Discussed possibility of a three-way stop, with concerns that motorists would anticipate a four-way stop anyway. Questioned the need for Oak Street stops as drivers will respond to the traffic calming measures. Olson explained that bump-outs had been considered, but these would likely have to be taken out within five years to City Council Meeting 05-19-98 5 it add a signal. Concerns were raised that addressing issues only from an automobile standpoint by adding lanes does not improve the quality of life of the neighborhood. It was noted that the recent developments on Mountain Avenue and Hersey Street would lead to a further increase in traffic on Hersey Street to an even greater degree, and a four-way stop is warranted. Further discussion of the Oak and Hersey intersection relating to lane width and parking. Noted that the speed humps/tables are separate from crosswalks in the design, which could result in some drivers accelerating after the last speed table into a crosswalk. Suggested that tables, humps and neck-downs should coincide with crossings to ensure traffic calming. Olson explained that the location of driveways and proposed driveways had made this sort of placement of the traffic calming features impossible. Questioned the possibility of a speed hump just north of the main pedestrian crossing to slow traffic going into crosswalk. Suggested looking into the possibility of a raised crosswalk. Olson stated that this was possible. Discussion of where raised crosswalks can be viewed. It was noted that they are common in Eugene and Portland, and that there is a raised crosswalk on Fordyce Street, and possibly one in Medford but they may be of different designs than those proposed here. Brown stated that staff would check into whether the same type of crosswalks and tables can be viewed anywhere in southern Oregon. Discussed placement of the island relative to the driveway at 880 and 886 Oak Street. Mayor Shaw pointed out that the design drawing was not exactly accurate in its depiction of the driveway location relative to this island. Opened discussion to public comment at 8:25 p.m. Greg Williams/744 Helman St./Stated that residents applaud this plan. There are some concerns about potential changes in traffic flows to Hellman and/or Laurel, but they are pleased that monitoring will occur. Also brought up the issue of weight restrictions on Oak, which could be removed now as trucks will be slowed by the proposed traffic calming measures. At the present, trucks must go around Oak, going by an elementary school in an area where the streets have no sidewalks. Presented a petition from forty five concerned area residents. Also cited concerns over the Hersey Street stop signs. Stated that he is a bicyclist, and he feels that a four-way stop would be the safest option. Jack Blackburn/805 Oak St./Echoed Williams' concerns about changes in traffic flows and traffic monitoring. Questioned the installation of traffic calming measures to achieve speed limit compliance. Feels that reconfiguring the street is not the way to accomplish this, and it is not a good precedent to set, as traffic calming could more appropriately be accomplished through the proper enforcement of the posted speed limits. Joy Downey/915 Oak St./Explained that she has been involved in this process since moving in on Oak Street. Concerned,and wanted to create a safer neighborhood for pedestrians and children. Stated that she has spent a good deal of time calling the police to deal with speeders, but feels that the efforts to take responsibility for the street to accommodate pedestrians, bicycles and automobiles is the way to do this. Confirmed that neighbors have raised $18,700 from the thirty seven families in the neighborhood. Proposed that Council accept these funds, which would nearly fund the project when combined with the "soft" match. Supported proposed change for a raised crosswalk to be placed at Crispin Street. Cathy Scott/719 Oak St./Would like City Council to look at the possibility of funding this project based on what has been raised by the neighborhood to date. Public comment closed at 8:40 p.m. City Council Meeting 05-19-98 6 A" .. Councilor Reid discussed this project serving as a model for similar designs in other neighborhoods, and suggested matching the pledges raised by the neighborhood. Explained that while she has design questions, she does not want to redesign the project. Acknowledged that the neighborhood has expended a great deal of effort to get the design they want. Councilor Hagen noted his concerns with traffic moving to Helman Street, and with the Crispin Street crossing, which he felt should ideally be a neckdown. City Administrator Mike Freeman noted that a discussion of the four-way stop at Oak and Hersey was not directly related to the project being considered. Suggested that staff could bring options back to council at a later date to deal with this issue. Confirmed for Council that Chief of Police Scott Fleeter would be involved in any consideration of this intersection at the staff level. Councilor Hauck stated that the four-way stop must be part of the discussion due to the design of the lanes at the stop and the proximity to the project under discussion. Councilor Reid suggested pulling the proposed four-way stop and looking at it as a separate project. Councilor DeBoer stated that the Traffic Safety Commission should deal with this issue, and suggested that there should be a commission to look at street redesigns. Pointed out that Oak Street is the only street leading into the City when Highway 99 is closed, and that the street was originally widened for that purpose. Concerned with the traffic calming measures being discussed due to issues of noise, pollution, and safety. Stated that grants are routinely given every three to four years by ODOT, and that by choosing this project to receive grant funds the funds will not be available elsewhere for three to four years. Emphasized that he supports the sidewalk portion of this project, but questions the use of sidewalk funds in LIDS. Also questioned how this project differs from other LIDS, and asked why the City is considering contributing funds. Suggested that a decision should be avoided until further notice can be put in the paper about the proposed changes to a collector street. Councilor Laws stated that nothing is out of the ordinary with this project, but he feels that a final design decision is premature without approval from ODOT. Also expressed concerns over the Council micro-managing neighborhoods. Stated that Council can deal with the project in concept, but should stay out of the details of the design. Emphasized that Council concerns have been adequately explained to allow staff consideration. Emphasized that Council should not have to decide the small details of project design and engineering,and should approve the project in concept and discuss financing methods. Can approve the idea, possibly excepting the Oak and Hersey intersection. Stated that any inconvenience caused by traffic calming is counter-balanced by increasing the safety of the neighborhood. Also noted the need to balance issues for bicycles,cars, and pedestrians. Suggests approval in concept,directing staff to look at south end crossing problems and bringing back options for the Oak/Hersey intersection, and make a final determination at that time. Would also approve sending to ODOT now, allowing staff to make revisions. Councilor Hagen questioned the removal of the previously planned neckdown at the Nevada intersection. Olson said constraints with driveways and existing features made impossible. Emphasized that he is not unhappy with the design, but feels initial design was stronger. Stated that he is disappointed that Hersey Street neckdown was removed, as neckdowns provide a consistent constriction on traffic. Discussion of whether debate was appropriate,with Mayor Shaw requesting that staff bring back options to next meeting. Requested calling a halt to further discussion, so that staff could seek traffic counts and prepare options. Brown confirmed that final designs must be approved by ODOT in October. Stated that designs would be finalized and go to ODOT in September, so Council approval would be needed by the first meeting in August. Councilor Hagen stated that he would like to see work done with the neighbors at Crispin and a street hump added at Hersey City Council Meeting 05-19-98 Councilor Wheeldon brought up the need to decrease traffic speeds going into the Hersey/Oak intersection. Explained that as a resident of Oak Street, she has been involved in this process all along and has written in the local newspaper on the subject for the past three years. Stated that she has confirmed with City Attorney that there is no conflict in her voting on this item as it is a large project involving many people. Noted the need for sidewalks around all schools. Stated that Oak Street neighbors must frequently call the Ashland Police Department due to speeders, and feels that maintaining a police presence in the neighborhood costs more than the amount being considered here. Councilor Hauck questioned intersection options, asking whether alternatives could be presented to council. Inquired as to whether this portion could be made into a separate item of discussion, or if it was necessary to wait to proceed until an intersection option is approved by council. Brown stated that it would be simpler if the entire project were submitted to ODOT after a final decision from Council. Mayor Shaw discussed the fact that LID controversies often relate to new development. Emphasized that the funds that have been set aside for sidewalks are for developed neighborhoods, whether or not they are collectors. Noted that this is one difference between the LID process and a matching fund arrangement such as this. Explained that the City does not have a street design committee,as non-residents should not dictate design standards to a neighborhood. Commended the efforts of those in the Oak Street neighborhood. Councilor DeBoer questioned whether these methods have been tried on a collector street before. Discussion noted that these methods are common elsewhere,but have not been used in Ashland previously. Councilors Laws/Reid m/s to approve funding of the project by accepting grant funds and the money raised by the neighborhood, using "soft" match funds based on Engineering Division work to date, with the City to pay the balance remaining from appropriate funds, with the designs for the project to be finalized. Discussion: Councilor Laws explained that this is a pilot project for Ashland, to be learned from and to provide a model for future designs, and as such it merits a greater share of taxpayer money than subsequent projects might. Roll call vote: Laws, Reid, Hauck, Hagen, and Wheeldon, YES. DeBoer, NO. Motion passed 5-1. Councilor Wheeldon clarified that the 25% match from sidewalk funds does apply to LIDS, when they are in established neighborhoods, but was not intended to apply to newly developed subdivisions. (Councilors Laws and Hagen exited) 3. Letter from Oregon Association Chiefs of Police announcing Chief Scott Fleuter's appointment to serve on Oregon Association Chiefs of Police Board of Directors. City Administrator Mike Freeman explained that this was an informational item for Council. 4. Request from Assistant City Engineer to Cut Moratorium Protected Pavement on Leonard Street. Councilors DeBoer/Reid m/s to approve this request. Roll call vote: Reid, Hauck, Wheeldon,and DeBoer, All YES. Motion passed. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second reading by title only of"An Ordinance Adding Section 11.48.025 to the Ashland Municipal Code Authorizing the Code Enforcement Officer and Community Service Officer to Issue Citations." Councilors Hauck/Wheeldon m/s to adopt ordinance#2817. Roll call vote: DeBoer, Reid, Wheeldon, and Hauck, All YES. Motion passed. City Council Meeting 05-19-98 8 1 . (Councilor Laws returned.) 2. First reading by title only of "An Ordinance Authorizing the Municipal Court to Require Mediation in Certain Cases." Councilors Hauck/Wheeldon m/s to move the ordinance to a second reading. Roll call vote: Hauck, Laws, DeBoer,Wheeldon, and Reid, All YES. Motion passed. Councilor DeBoer requested that City Attorney Paul Nolte confirm the legality of requiring mediation. City Administrator Mike Freeman stated that he had already confirmed with Nolte, and that mediation can be required. 3. First reading by title only of"An Ordinance Amending Chapter 13.24 of the Ashland Municipal Code Regarding Standards for Naming and Renaming Streets." Councilors Wheeldon/DeBoer m/s to move the ordinance to a second reading. Roll call vote: Reid, Laws, Hauck, Wheeldon, and DeBoer, All YES. Motion passed. 4. Reading by title only of"A Resolution Transferring Appropriations Within the 1997-1998 Budget." Councilors Hauck/Reid m/s to adopt Resolution #98-07. Roll call vote: Laws, Wheeldon, Reid, DeBoer, and Hauck, All YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Hauck stated that the contract to administer the new Housing Commission renter and homebuyer assistance programs had been awarded to ACCESS, Inc. The first meeting had a large turnout, and anyone interested in the program was directed to contact ACCESS, Inc. or the City of Ashland's Community Development Department. Also stated that a homebuyers class would be conducted in early June, and a homebuyers fair would be held at the Medford Armory after the class on June 5'. Councilor DeBoer reminded viewers that a City Council Study Session will be held on Wednesday, May 201h, 1998, at 1:00 p.m, in the Council Chambers for follow-up discussions of the Electric Department's Cost-of- Service Study, the Ashland Fiber Network and City Hall office space/space needs. Councilor Wheeldon noted that the Ashland Parks and Recreation Commission was seeking to schedule a joint study session with the City Council for further discussion of improvements to Calle Guanajuato. City Administrator Mike Freeman stated that he would coordinate with the Parks Commission to schedule this sometime in the next two weeks. Councilor Wheeldon noted that she had spoken with John Scully and Carl Oates, and that they had expressed concerns about the Wastewater Treatment Plant spray irrigation plans. Their concerns are with possible evaporation leading to the return of less water to Bear Creek, and they would like to see more wetlands used to ensure the return of adequate amounts of water to the creek. Noted that a hearing was scheduled for June 11-12 as part of the sewage treatment permitting process, and that she has requested that Scully and Oates make a presentation to Councilors prior to the hearing date if possible. Discussion that Council shares these concerns, and is committed to returning or replacing Bear Creek waters. City Council Meeting 05-19-98 9 Noted that permits will not lock City into spray irrigation, and that if the wetlands project works as expected spray irrigation will not be necessary. Must move ahead with permitting process as part of the overall Wastewater Treatment Plant improvement plan. Further discussion of the possibility for scheduling this at a study session, possibly the half-hour before the first Council meeting in June, with concerns that the complexity of the issue and the June 11-12 dates would make a half-hour study session difficult. City Administrator Freeman stated that he would look into possible times for scheduling a meeting on this issue. ADJOURNMENT The meeting was adjourned at 9:17 p.m. Barbara Christensen,City Recorder Catherine M. Shaw, Mayor City Council Meeting 05-19-98 10 M - MEL WVN N4 PA -Z. Z�_IV -1,Yx A JnA t 'k tT YR44 "0 Mi M, 1: .4 NPROGE MXF ok p, A !r P-e- dsffians have the right*of way over vehicles,';.'and WHEREAS, V -WHEPEAS Idpirked bjrj.-�i Oregon IdWrequires drivers to stop for pedestrians :unmarked'cr6ssw.kU an d "K2 W WHEREAS i��whether' painted or not,is a cross 62 di, 'e �;WHEREAS, children under the ageof nine cannot judge stance, motion or'sp ed-��J ­W inak':lre,inattentive or distracted; and'may think that-*hen'they"see'a car­- k.. 1' ­*-the driver sees them- and other Mllcg, the elderly or-disabled may have poor vision; nearing, or 0 tx limitations `and E . .... WHEREAS, the City'is committed to encourage walking and all citizens are entitled, to,safe use of the public roads. NOW THEREFORE, I, Catherine M. Shaw, Mayor,of.thi City'6f Ashland do'fie&by Mtt C June 8 through 15, 1998 'a-s proclaim j_ U.1 'CROSSWALK AWARENESS W_ EEK in the City of Ashland, Oregon, and I call upon all motorists to contribute to improving 7V' the safdy of pedestrians and crosswalks by being aware of them:and graciously `:yielding.theright d,way., 'e$ ^« Dated this 2nd day of June 1998 -Barbara Christensen, City Recorder A M!'' ,� ,,Catherine M. Shaw;Mayor- M M U, _kv �M- qi 1.5- 4V t ( .. ^Y.'ti .'' 2 Y 5 •rY A' S `. ...• b ' :.`i: +�l C_ r �.C, �,. v� k1 T'k r -•�" A '�� .I '4':"ti} t .7..�, tk,.1' > ^' '1 ,1\ :�, � v^'J t c'fc•. R"• raw^iv r �C(,//•"'Sr.:... 'Jf y and �'� ... �SS �)a i a .a•ts h: ..F 3j F`.vr ns '�"'" .Gr.. IS;iQ a�, 'i ce^I 1 F x..)A 3§0� vl����/�-•-. � r v y�.t .g � ��r�+ rn R� �•rt ,�j}rye:-.� 4 emay/� 1 � g-2� 1 p +. v F4lil�}lr� �2Yr`' �y„rx pw' , .:'�' • 1 cgs+' "? i e{i: Y$Ft +rr,s.�'Y.c,r+ g`, z,r . >< f ' ,./+. ltl rte!1 ia•>r syi . e�,> t yu,- t, ...�°,.� ,kl� 8. •+ �>r .r ( t x��n cr +".f , ^ Fa� yr 4 #t��/}) l iY;. K , .• y(� S=gJ.^S4ra fy .CND.-S'Y'.Li Fyyy "Y � • �r+p -{�`''$tY r .5:y'��n`viK/Y t,. (r•<tiR1j >(1}S+ Lyf y,ry v {� T. '� r pOC rA�MATtiION IN • `' r� •c S S •✓- K^KIi'+' L,A -r'•1 aft'r`� t v•r S, Ti t 1Jjt8>D '��H T r ".. '�+f-'�i.•.r: J N`�A *�� r�1 � yr \ � - `,. 3WIEEREAS, The?City of'Ashland on behalf of the people of Oregon wishes to loin the N `�} 5: Southern Oregon Chapter members of the°American Society of Safety t . Engineers um-their annual observance of NATIONAL SAFETY MONTH during June 1998, and 4 ,�(a F Y.."(( 'M �•a..�,; 1j•iwrl i ,,��ee�� Ty ' Irt(Ai` `_-WHEREAS a> � A... , J Y T h"A-e�45 e"i�s-c a usYe'.ry-i oua 1 s problem of Ss'afety a a w;arvr:e ness in the f w orkplace, ho-me and commu nty Ignoring safety rules ontnbues"to accdents on- es; ]' and b� #i y ) ti ! ''''t, ♦ 5 !f yx u.y C �2sv.r - a it tlA v �l�11.yi > > ( � 1 'off the lob) endangers,the well=being of our famili undermines our r- (. cx education s stems sand raises the cost of doih business, and`w 1 �s= r i 8ir i' Jr n 1$< at,.fT4 > 4t=•� s .�. rs�•r•'Sk��r�f �''..� 3 ., � ?F y t _ �,WHEREAS, ''According wthe statistics, when we promote safety awareness, we az reduce employee;irijunes Safety awareness nationwide helps fight this r widespread problem through an effechve'combuiation of public education, intervention, rehabilitation and law enforcement. / NOW, THEREFORE, I, Catherine M Shaw;Mayor of the Cit y'of Ashland, Oregon, ? 5 n conjunction with the American Society of Safety Engineers, do hereby proclum the n month of June as r c t r �.i,l'�1� ra^ A _ ii R.�di s G "`•j ti� y 'y"�t 11�)t� (Illi� ;NATIONAL SAFETY MONTH Ji in the City of Ashland and encourage all citizens to take extra precautions and become;:,,, w : E l�I�? more safety conscious every day ti (13 Dated this 2nd day of June,:1998 - ,� g H`Wyr. s� 9 �rca }fl 11 Y Catherine M Shaw, Mayor U/r x ;Barbara Christensen„RecorderY = ; K I, K r�` . / •• „p 5-(} � D Ell � i.. +f _ r�y I;'�'( i} , OA; it n x-k n ti Cr . , rm4. .... t r4Ylw S .✓vrq 3saw . . l ... . ” ,h 4 r •. t .r..V:.i 4 Nx,u tr>r.,i( ._ : MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL May 20, 1998 CALL TO ORDER The meeting was called to order at 1:05 p.m., Civic Center Council Chambers IN ATTENDANCE: Councilors Laws, Reid, Hauck, Hagen, Wheeldon and DeBoer were present. Staff present included: City Administrator Mike Freeman, Assistant City Administrator Greg Scoles, Conservation Manager/Regional Affairs Director Dick Wanderscheid, and Director of Community Development John McLaughlin. ASHLAND CREEK STATUS UPDATE Public Works Director Paula Brown gave an update on current conditions in Ashland Creek in light of the recent heavy rains and the potential for snow melt and spring ran-off. Explained that if the weather continues as forecast, there will be higher than average flows in the creek, but there is no real flooding potential at this time. OFFICE SPACE ISSUES Assistant City Administrator Greg Scoles presented a memo on the status of the proposed Civic Center Building. Staff has recommended that the Planning Commission postpone final approval of the findings on this project based on reasons outlined in the memo. Explained that the City's needs have changed since the basic designs were developed. Proposed a three-phased process in the memo. Phase one will involve retaining the services of a qualified architect to prepare alternatives for the proposed project, and developing a public involvement process for the review of the possible alternatives. Phase two involves the development of a plan to maximize the existing space in the current City Hall building. Phase three will entail obtaining council approval of the first two phases prior to modifying the application before the Planning Commission. Councilor DeBoer discussed the possibility of purchasing the Mark Antony building for city office space. Discussed the time line for the three phases, emphasizing the need to start immediately and get bids for each phase. Noted the possibility of a six month time frame for the entire process. Discussed the use of any new facility as a place for public meetings. Councilor Hagen suggested that street and public transportation issues should be addressed relative to the new building. Ron Roth/6950 Old Highway 99 South/Questions the assumption that a building is needed on East Main Street. Feels that the downtown area has not been thoroughly explored. Suggested several ideas, and stated that he is uncomfortable with the concept. Asked council to withdraw the application. Council expressed the general consensus that they would not like to move backwards by withdrawing the application. Rick Vezie/446 Walker Ave./Questioned how design of building is to be developed. Emphasized that it needs to be a public process. Appreciates the three-phase proposal. Commented on the need for good technical devices. Feels that existing City Hall needs expressed some stewardship. Councilor Hagen questioned whether the facade of the building will be changed. Raised the issue of whether the facade needs to be saved, and whether saving it would be possible. Ashland City Council Study Session Minutes 05-20-98 1 i ,J Councilor Laws noted that the council is committed to making City Hall earthquake-safe, and that as present functions in City Hall expand they will look at expanding the space accordingly. Discussion of the need to look at long-term future needs. Suggested that this should be considered as the fourth phase in the plan. Vezie recommended conducting an inventory of the current City Hall and prioritizing space needs. COST-OF-SERVICE FOLLOW-UP Director of Finance Jill Turner presented a memo on wrapping up the Cost-of-Service Study, and stated that she would like to see a resolution with redesigned rates on the Council agenda in June. Explained that the staff recommends the overall reduction in rates by 7.4%, along with the elimination of the in- lieu tax adjustment for institutional/governmental customers. Noted that in the past, rates were set higher than the cost of service for these customers because they did not pay the users tax. Emphasized that adoption of the rates recommended by staff would not adversely affect the stability of the Electric or General Funds. Discussed residential rates. Discussed that Bed and Breakfasts were the only class of customers not to experience a rate reduction. Explained that in the past, they had not been charged their share of the actual costs of service, but that the new rates would correct this. Emphasized that the philosophy behind the proposed adjustments was to minimize any changes to smaller customers and continue to encourage conservation. Councilor DeBoer stated that he would prefer straight discounts across the board. Turner explained in detail the options for adjusting rates. City Administrator Mike Freeman explained the history of the in-lieu tax adjustment, and noted the staff recommendation was to eliminate this tax and go to a cost-of-service rate schedule. Discussion on how to set rates based on future deregulation. Noted that the recommendation would provide an overall savings of$700,000 in the budget for the community. Discussed maintaining the current level of service and being able to decrease rates. Explained that the staff recommendation was a step toward the eventual goal of reducing the City's dependence on revenue from the Electric Utility. Discussion of Institutional Rate Schedules receiving large decreases in comparison to the general customer base. Emphasized that reductions were based on moving toward the actual costs of service for each customer class. Councilor DeBoer requested a list of customers who fall under this rate schedule. ASHLAND FIBER NETWORK UPDATE Director of Electrical Utilities Pete Lovrovich presented a memo on the digital television channel line-up proposed for the Ashland Fiber Network, with a comparison of comparable offerings from TCI/Falcon. Noted that under current legislation, council must appoint a programming committee. City Administrator Mike Freeman presented a memo with updated information on revised financial pro-formas, an independent analysis of the Fiber Optic Plan, public information/education issues, an Ashland Chamber Forum to be held June 8' dealing with the Ashland Fiber Network, and a list of potential members for the Strategic Steering Committee and Technical Committee. Ashland City Council Study Session Minutes 05-20-98 2 Explained the scenarios that R.W. Beck has been retained to look into. Also noted that the Ashland Chamber will host a "Chamber Forum" on June 8' to provide the public with a more comprehensive understanding of the Ashland Fiber Network project. As noted in the memo, both City officials and representatives of the cable TV industry are expected to be on the panel for this forum. Councilor Hauck noted that he was willing to serve as Council liaison to the Strategic Steering Committee, and that appointment of a liaison should be on the next Council agenda. Staff is in the process of preparing charter information on the committee direction and expectations. ADJOURNED The meeting was adjourned at 2:45 p.m. Submitted by Barbara Christensen, City RecorderlTrearurer Ashland City Council Study Session Minutes 05-20-98 3 City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES April 20, 1998 ATTENDANCE: Present: Al Alsing, Bob Bennett, Teri Coppedge, JoAnne Eggers, Laurie MacGraw, Director Ken Mickelsen Absent: None I. CALL TO ORDER Chair MacGraw called the meeting to order at 7:00 p.m. at the Council Chambers, 1175 E. Main. II. ADDITIONS or DELETIONS TO THE AGENDA None III. APPROVAL OF MINUTES A. Reaular Meetina - March 16, 1998 Commissioner Coppedge made a motion to approve the minutes of the Regular Meeting of March 16, 1998 as written. Commissioner Alsing seconded. The vote was: 5 yes - 0 no IV. REVIEW OF FINANCES A. ADDroval of previous month's disbursements Commissioner Alsing made a motion to approve the previous month's disbursements as indicated by checks #19200 - 19467 in the amount of $849,199.91. Commissioner Bennett seconded. The vote was: 5 yes - 0 no B. Approval of March 31, 1998 Quarterly Financial Statement Commissioner Alsing made a motion to approve the March 31, 1998 Quarterly Financial Statement as presented. Commissioner Bennett seconded. The vote was: 5 yes - 0 no V. PUBLIC PARTICIPATION A. Presentation on upgrading of Waste Water Treatment Plant and BMX facility In reviewing the topic, Director Mickelsen indicated that at its March meeting the Commission had discussed two topics related to the Greenway Park site: the request by Public Works to use an area for a temporary storage site during the project to upgrade the W WTP and the placement of a BMX facility. Following the presentation by Paula Brown, Public Works Director, and proponents of the BMX facility, Commissioners asked staff to meet with the various interested parties, including nearby property owners, to hopefully develop a plan that would allow for both usages. Director Mickelsen reported that Greenway neighbors were invited to attend a meeting held jointly by the Parks and Recreation Department and the Public Works Department to discuss the many projects which would be taking place on the Greenway in the near future such as the Greenway trail, the upgrading of the WWTP, construction of the park node, and Regular Meeting - April 20, 1998 Page 2 Ashland Parks and Recreation Commission WWTP Project and BMX track-continued the proposed BMX facility. He expressed his appreciation to the neighbors and the BMX proponents who had attended the meeting indicating that he believes that at plan has been devised which will meet everyone's needs. Paula Brown, Director of Public Works, illustrated the plan whereby Public Works would use the area directly south of the WWTP for a staging area during the project to upgrade the facility. Primary access for construction would be from Valley View at the north of the site. Public Works would assist in creating a temporary BMX track to the southwest of the site and then would assist in relocating it to the permanent site once the WWTP project was completed. It was anticipated that the project would take no more than two years. Both Director Mickelsen and Director Brown indicated that the meeting with neighbors was very productive and that no one had expressed opposition to the plan. Greg Williams, owner of Ashland Greenhouse, had expressed the most concern because of the access road adjacent to his property. Apparently, persons accessing the Dog Park are still driving fast and even swerving off the road to avoid the speed humps. They said that Mr. Williams understood that it was public access and that both Departments would continue to work with him to try to minimize the traffic problems as use of the area increases due to development of the Greenway Trail and park properties. In discussion, Commissioner Alsing inquired as to whether or not any contracts had yet been signed for work on the WWTP plant. Ms. Brown indicated that they had not. He asked whether or not wording related to access to the site would be incorporated into the contract. She said that it definitely would and would stipulate that access would be from the Valley View entrance, not the road off Nevada Street near the Dog Park. Commissioner MacGraw confirmed that Public Works would be willing to assist the Parks and Recreation Department in constructing the temporary BMX track and then relocating it once the WWTP project was completed. Director Brown said that due to the development of the Greenway trail and the park node, Public Works and Parks would be working closely together in this area; assisting with the BMX track would be part of that cooperative effort. Chair MacGraw asked if there were any Greenway neighbors attending the meeting who would like to speak. There were none. Commissioners Eggers and Coppedge had attended the meeting with neighbors and indicated that the neighbors had the opportunity to express their concerns and seemed satisfied with the answers they received from staff regarding upcoming projects and the BMX track. MOTION Commissioner Alsing made a motion to approve the use of park property just south of the Waste Water Treatment Plant by the Public Works Department as outlined by Director Brown for the contractors work area during the project to upgrade the plant and to approve the temporary location of a BMX facility to the south and west of the plant. Commissioner Bennett seconded. In discussion, Commissioner Coppedge inquired as to whether or not the motion included construction of the BMX facility. Commissioner Alsing said that it did not; just approval of a temporary location. The vote was: 5 yes - 0 no MOTION Commissioner Coppedge made a motion to approve the construction of the BMX facility at the temporary site as well as to approve the permanent location and construction of the facility at the south side of the WWTP once Public Works no longer needed it as a staging area for construction. The motion died for lack of a second. Regular Meeting -April 20, 1998 Page 3 Ashland Parks and Recreation Commission W WTP Project and BMX track-continued In discussion of the previous motion, Commissioner Eggers indicated that she imagined that the proposed plans for the permanent location of a BMX track would work out just fine, but that she would like to suggest that at the appropriate time Commissioners review the use and operation of the facility taking into consideration what has been learned from the temporary site. Commissioner Coppedge indicated that she felt Commissioner Eggers' statements were appropriate and offered a second motion. MOTION Commissioner Coppedge made a motion to approve construction of a BMX facility at the location which has been designated for as the "temporary" site and to grant preliminary approval, pending Commission review at the appropriate time, for use of the site at the south end of the WWTP once it is no longer needed as a construction site for Public Works. Commissioner Eggers seconded. The vote was: 5 yes - 0 no B. Playground site development - Clay Street Park At the its March meeting, Commissioners briefly discussed a letter received from neighbors near Clay Street Park which requested that they consider constructing a playground at the park. At that time the Commission asked staff to meet with the neighbors to better determine what they would like to have developed at the park. Briefly reviewing the memorandum dated April 13, 1998, Director Mickelsen outlined the discussion which had taken place with neighbors when staff met with them on April 8. Parents expressed strong interest in having a neighborhood park where their children could play without having to cross a major highway; currently that is not possible. Other major points addressed in the memorandum were that neighbors felt strongly that the park should remain a "neighborhood park", not a destination park; that some development such as a playground, restroom, and drinking fountain would be appreciated but that it should retain a substantial open, grassy area and not become highly developed. Kim Blackwolf (721 Faith Avenue) expressed appreciation to the Commission for considering the neighborhoods' request and the manner with which staff had worked with them to gain their ideas. She said that she understood that the Commission had already established its budget for the upcoming fiscal year but requested that the Commission place the project on its list of things to do as soon as it can. It would make a great difference to families with young children in the neighborhood. Bill Marshall (678 Glendale) who lives at the cul de sac above Clay Street Park spoke in support of adding some amenities to the park such as a playground, small restroom and drinking fountain. He also indicated that he felt that the park needed to retain the large, grassy area which would keep the open, relaxed flavor of the park . He didn't want a formalized area to play sports. Ruth Wire (570 Faith) said she would be interested in having a small area to play basketball developed. She explained that she watched her grandchildren in the summer, the youngest being eight years old, who loved to play basketball. She said that being able to have them where she could watch them easily would be of great benefit. Joan Kellerhan (652 Faith Avenue) said that she would like to reiterate both sides of what had been said before. That is, she would like to see the open, grassy area including the blackberries which run along the perimeter preserved but would also like to see some minimal development of a playground and small restroom. She would be strongly opposed to highly developing the park and hoped to keep as much of the green space as possible. Commissioner Alsing inquired about the connection between Glendale and the park. Mr. Marshall indicated that his house sat at the top of the park off Glendale. He said that at the bottom of his paved driveway was a public right-of-way which allowed pedestrian and bicycle access to Clay Regular Meeting -April 20, 1998 Page 4 Ashland Parks and Recreation Commission Clay Street Park-continued Street Park. He said that he and his wife would have no problem with the possibility of increased usage by people accessing the park from that right-of-way, "as long as they don't park a lot of cars up there." Commissioner Eggers said that the memorandum indicated that it was proposed to place facilities such as the playground at the north end of the park, the Highway 66 side. She inquired as to whether or not neighbors thought that noise from the highway would be a consideration in placing the playground there. Director Mickelsen and neighbors indicated that they did not believe that it would be a problem because playgrounds tend to be noisy kinds of places themselves; and, perhaps would help keep the upper portion of the park quieter. Referring to the ditches which run along sides of the park, one a drainage ditch and the other a T.I.D. ditch, Commissioner Eggers said that it would important to her that reviewing access to the water be included in the planning process because of the possible hazards to children from playing in open water and from chemicals which might be in the water. MOTION Commissioner Bennett made a motion to approve the conceptual idea for enhancements to Clay Street Park along the guidelines outlined in the memorandum and discussed this evening and to authorize staff to continue to work with the neighbors to develop a plan along those guidelines which would be brought back to the Commission for approval. Commissioner Alsing seconded. Commissioner Coppedge indicated that she was supportive of the overall idea. She suggested that when working with neighbors that staff be aware of including nearby neighbors as well as those adjacent to the park, so that everyone who was interested would have the opportunity to participate. And, as mentioned previously, she said she would like to have the needs of middle school aged children as well as younger children taken into consideration. Commissioner Eggers indicated that, as discussed previously, if new paths through the park were to be considered, that she would prefer to hold off to a "second stage" so that actual usage patterns could be known before developing the paths. Commissioner Alsing suggested that grants such as the one which had been received for playground enhancements to Garden Way Park be investigated. The vote was: 5 yes - 0 no C. Presentation on N. Mountain Park - Resource Center Linda Chesney and Kari Tuck made a presentation to the Commission on three items related to the Resource Center for the natural area at N. Mountain Park: the floor plan for renovation of the existing house which would become the Resource Center, the parking plan for around the Center, and a plan for the garden areas around the Center. Commissioners reviewed the plans as follows: The floor plan. Commissioner Coppedge indicated that it appears that the "Equipment Room" can be accessed from the outside without also having full access for the facility. She inquired whether or not the purpose was to allow access to the Equipment Room without full access to the facility. Ms. Chesney indicated that that was one reason but that it was also anticipated that messy, muddy equipment, things which would primarily be used out of doors, would primarily be stored in that area and, therefore, would not have to be carried into the main part of the facility. Commissioner Alsing inquired about handicapped access for the restrooms. Director Mickelsen indicated that the size of the existing rooms would allow for wheelchair access. He said that they would be making some modifications to bring them up to requirements but the size was adequate. He said that the Resource Center itself would have limited restroom capacity but that the overall plan for the park included a major restroom facility very near the Center which would handle large groups. Related to handicap accessibility requirements, Director Mickelsen confirmed that, as a public building, all handicap accessibility requirements would be met before building were permits issued. Regular Meeting -April 20, 1998 Page 5 Ashland Parks and Recreation Commission Discussion of plan for Resource Center-continued Commissioner Eggers inquired about the anticipated usage of the upstairs of the house. Ms. Tuck said that at this time it would be used primarily for storage and would not be used by the general public. As to the adequacy of space versus needs, Ms. Tuck said that the resource group for the Natural Area which included teachers and others familiar with outdoor education had been involved in developing the plans. She said that she and Ms. Chesney had visited several other facilities and had tried to incorporate all of the key elements necessary to make it practical and useful for its purpose. Commissioner Coppedge confirmed that staff and the resource committee still believed that the size and space provided by renovating the house was sufficient with the needs of the site. Ms. Tuck said that it was. Commissioner MacGraw inquired about utilities in relationship to the Center. Superintendent Gies indicated that natural gas would probably be brought into the building. He said that he would be working with various utilities in the coming weeks to address the needs of the many facilities which would be scattered throughout the park. Commissioners also reviewed the location of the Center in relationship to access to the Natural Area, parking, pedestrian and bicycle paths, as well as other structures and facilities which would be located in the park. Commissioners confirmed that the orchard and the big Black Walnut tree would not be affected. As to the overall visual appearance of the facility, Director Mickelsen said that Jim Lewis and George Kramer have been assisting with those parts of the plan which will help keep the aesthetics in tune with the architecture of the period of the original structure. MOTION Commissioner Eggers made a motion to approve the renovation plans for the Resource Center as presented. Commissioner Coppedge seconded. The vote was: 5 yes - 0 no Plan for parking and bike path. Commissioners briefly reviewed the proposed parking and bicycle path locations in relationship to the Resource Center in relationship to number of spaces for individual vehicles and buses. Access for bicycles in relationship to parking and pedestrians was also briefly discussed. MOTION Commissioner Eggers made a motion to approve the parking and bicycle trail plan as presented. Commissioner Coppedge seconded. Commissioner Eggers said that she had no difficulty with approving the plan as presented but inquired as to whether or not the Bicycle Commission had been able to review it. Ms. Chesney said that she did not know that the Bicycle Commission had seen the final plan but that she would be happy to run it past them. The vote was: 5 yes - 0 no Plans for the garden Ms. Chesney indicated that a group of interested, highly motivated volunteers had been working on a plan for the garden which would go around the Resource Center. Director Mickelsen said that staff had worked with the group and that the proposed plan would not interfere with construction or other activities which would be going on in the area. Staff supported the plan, and if the Commission approved, would like to permit the volunteers to proceed. Ms. Tuck indicated that it was an interpretive garden which would be developed in phases to include areas to attract various kinds of wildlife such as butterflies, frogs, and birds. Ms. Chesney reiterated the volunteers enthusiasm to begin work. In response to a question by Commissioner MacGraw, Director Mickelsen said that much of the work and materials would be donated by volunteers. The overall budget for renovation of the facility would cover whatever costs the Department would pick up. Regular Meeting -April 20, 1998 Page 6 Ashland Parks and Recreation Commission Discussion of plan for Resource Center-continued MOTION Commissioner Coppedge made a motion to approve the plan for the gardens around the Resource Center as presented. Commissioner Alsing seconded. The vote was: 5 yes - 0 no D. Open Forum None VI. OLD BUSINESS None VII. NEW BUSINESS A. Authorization for bridge replacements in Lithia Park Director Mickelsen said that staff was requesting permission to begin work on two of the bridges which need replacement in Lithia Park; the arched footbridge in the lower park and the large maintenance bridge in the upper park. He said that these two bridges were becoming critically important; the footbridge for pedestrian accessibility in the lower park and the large maintenance bridge for upcoming restoration work which will be done in the upper park. He indicated that an additional reason to move expediently is that the time frame for FEMA reimbursement on these projects is running out. Staff has written FEMA requesting a six month extension which will probably be granted. However, he did not believe that FEMA would grant any additional extensions. Also, in speaking with the agencies which will grant the permits for work in the stream channel, the window of opportunity for work will be from mid-June through mid-September. By getting a head start on the arched bridge and the maintenance bridge, staff will have a much better opportunity to complete the work needed within the specified time frames. The large maintenance bridge will need to be engineered to withstand vehicle traffic. The design for the bridge will be pretty straightforward once engineered. Staff would like authorization to move forward with the engineering and design work so that once the appropriate permits are granted, construction could proceed. In discussing the arched footbridge, frequently called the Shakespeare Bridge, Superintendent Gies indicated that staff has been considering a wooden, laminated beam structure which could be manufactured and set into footings which would be set well behind the creek banks and would not require special permits because of the set-back. He passed pictures to the Commission of bridges which would look similar to the kind of bridge staff was considering. Commissioner Eggers said that it was her recollection that the Fishman report recommended that the span encompass 34' which would set the footings back from their original location. Superintendent Gies said that that was the plan. MOTION Commissioner Alsing made a motion to authorize staff to proceed with design and construction of the two bridges as discussed. Commissioner Bennett seconded. Commissioner Eggers commented that she liked the idea of using wood which would fit into the character of the park. She encouraged staff to try to keep the feeling of the bridge "small". Commissioner MacGraw said that she also liked the feeling of a wood bridge and would rely on staff to determine the aesthetic character so that it would blend in with other aspects of the lower park. Commissioner Coppedge said that she also liked the concept of using a combination of aesthetic aspects which would tie in the Winburn Way Bridge and the Atkinson Bridge. The vote was: 5 yes - 0 no Regular Meeting -April 20, 1998 Page 7 Ashland Parks and Recreation Commission B. Approval of bids for equipment The Commission reviewed bid tabulation forms for three items which were approved for the 1997-98 budget year: three (3) utility vehicles, a riding rotary mower, and two (2) Irrinet - MIR50001 control units for the central irrigation system. MOTION Having reviewed the bids submitted for the three items, Commissioner Alsing made a motion to accept the lower bidder which met specifications. Commissioner Bennett seconded. Commissioner Eggers inquired whether the Irrinet items were new items or replacement items. Superintendent Gies said that they were new items, one for N. Mountain Park and one to finish putting upper Lithia Park on line. The vote was: 5 yes - 0 no VIII. COMMUNICATIONS and STAFF REPORTS Memorandum on sports fields at N. Mountain Park Commissioners reviewed a memorandum from Commissioner MacGraw and Director Mickelsen which outlined a plan related to priorities for the development of the Sports Area of N. Mountain Park which came out of a meeting with representatives from various community sports groups. Both Commissioner MacGraw and Director Mickelsen spoke highly of the cooperation among the sports groups in coming up with a plan which was practical and which they all endorsed. He asked Commissioners whether or not they had any questions about the process or how the plan would be implemented. Commissioner Coppedge noted that the plan called for high quality, durable fields which would require high quality materials. High quality translates into costly. She inquired about the monies which would be needed. Director Mickelsen said that once staff had developed cost estimates that those estimates would be brought back to the Commission to review. Ultimately, Commissioners will be making the final decision as to how to proceed and in what time frame. Commissioner Eggers indicated that prior to making a decision about the type of materials which will be used for the fields she would like to see relative costs for development and ongoing maintenance as well as how much water and chemicals will be needed to maintain the fields. Director Mickelsen said that that kind of information would be forthcoming and, in the interim, the final grading of the site would proceed. Meeting related to permits for work in creek channel Director Mickelsen reviewed a meeting which Department staff and Paul Fishman held with various representatives from the state and federal agencies responsible for granting permits to work in the stream channel. He said that the meeting was very productive and everyone involved with the permit process had the opportunity to walk the site and review the restoration plan approved by the Commission. He said that the state and federal representatives were very pleased with the work which Fishman Environmental and the Commission had done related to the project. Although no promises were made, it is possible that permits could be issued as early as June 15. Since the 'window of opportunity' to work in the stream channel is from mid-June to mid-September, the sooner the permits are received the better. Commissioner Eggers commented that she has seen a pattern of vertical walls being constructed along the stream related to flood control and she hoped that the specific plans which were being permitted were as 'soft engineered' as possible. In brief discussion, Commissioners and staff indicated that they believed that Fishman Environmental's report pretty much covered what was going to be taking space as to footbridges and the east side trail and that wherever possible 'soft engineering' techniques were the preferred treatment. Regular Meeting -April 20, 1998 Page 8 Ashland Parks and Recreation Commission COMMUNICATIONS-continued Letter from Paul Fishman regarding placing a plaque on the flood wall. Having reviewed the letter from Mr. Fishman, by consensus, Commissioners decided to decline the Fishmans' offer to place a plaque in the flood wall. Although appreciative of the Fishmans' offer, Commissioners felt that it was important to adhere to its policy of keeping signs and plaques in Lithia Park to a minimum. IX. ITEMS FROM COMMISSIONERS None X. UPCOMING MEETING DATES and PROPOSED AGENDA ITEMS The next Regular Meeting would be Monday, May 18, 1998 at 7:00 p.m. Director Mickelsen said that several items would be on the agenda including conceptual plans for the park node at the Greenway Park site and a presentation by Northwest Biological Consulting of the conceptual plan for the natural area at N. Mountain Park. As to work on the Calle, Director Mickelsen said that he hoped that shortly, in conjunction with Public Works and consultants, that community meetings will begin to discuss the overall plan. He indicated that there may be some short term solutions which will be recommended prior to meetings and decisions being made for the overall plan. XI. ADJOURNMENT With no further business, by consensus, Chair MacG raw adjourned the meeting. Respectfully submitted, Ann Benedict, Business Manager Ashland Parks and Recreation Department City of Ashland PARKS AND RECREATION COMMISSION SPECIAL MEETING MINUTES April 30, 1998 ATTENDANCE: Present: Al Alsing, Bob Bennett, Teri Coppedge, JoAnne Eggers, Laurie MacGraw, Director Ken Mickelsen Absent: None I. CALL TO ORDER Chair MacGraw called the meeting to order at 9:00 a.m. at the Department Office, 340 S. Pioneer Street, upper Lithia Park. ll. REVIEW OF LIQUOR LICENSE FOR OAK KNOLL GOLF COURSE Chair MacGraw indicated that Robert Haney, Pro-Shop Concessionaire at Oak Knoll Golf Course and owner of Bob's Golf Shop, Inc., had made the request that the Commission consider allowing him to upgrade the alcoholic beverage permit at the golf course from beer and wine only to a full liquor license. She asked Mr. Haney to review for the Commission his reasons for making the request. Mr. Haney said that he was making the request for several reasons but also wanted to let the Commission know that regardless of its decision, he would be happy to continue offering food and beverage service at the golf course under the present agreement. He said that when originally entering into the agreement he felt that a beer and wine license would be all he needed or wanted. However, he said that he has learned quickly that it may be beneficial to have a full liquor license. First, he said that some regular golfers had requested the opportunity to have an alcoholic drink other than beer and wine available. Secondly, he said that he has been receiving numerous requests for scheduling weddings and other parties which wanted to be able to offer a full bar. And, thirdly, with Ashland Hills no longer offering food service and the Mark Anthony closing, there were limited places for private parties of any size at this time. The Oak Knoll Restauant building is possibly more in demand for that reason. And, he indicated that it might be a much more profitable operation for him overall if he had a full liquor license. Mr. Haney said that he had spoken with the OLCC and determined its requirements for obtaining a full liquor license. He said that he believed he would be able to offer the food service menu and hours of operation which OLCC required. He presented Commissioners with an outline of the OLCC requirements. In discussion of the request, Commissioners reviewed the request from several points of view. In recent discussions related to upcoming capital improvements which might be made at the 'clubhouse' at Oak Knoll, although no decisions have been made, general feeling among Commissioners has been that it is not likely that the facility will be designed in such a manner that a full service bar would be practical. Commissioners inquired as to whether or not the City would incur any additional liability if a full service bar were offered. Director Mickelsen said that he had spoken to Paul Nolte, City Attorney, who had indicated that the City would incur no additional liability but would probably be named in a suit if one were filed. Special Meeting -April 30, 1998 Page 2 Ashland Parks and Recreation Commission OLCC permit - Oak Knoll Golf Course - continued In discussion of the appropriateness of the Commission being associated with a 'bar', Commissioner Alsing commented that his thoughts pertained more to 'how' the operation would be run rather than whether or not hard liquor were served. Mr. Haney said that he had no intention of operating a late-night bar just to sell liquor. He said that if the Commission approved his request that his plans were to offer liquor service through the dinner hour and while the course itself was open. He said operating a golf course requires early morning hours and he did not intent to stay up all night to keep the bar open. Commissioner Coppedge indicated that the golf course was an entirely different operation for the Commission than were the other services it offered. She said that if Mr. Haney felt that business would be more profitable if hard liquor were served, then she would be supportive of it being done. The golf course needs to be self-supporting for not only operational needs but for capital improvement needs; if selling liquor helps to do that, then do so. She said that alcohol is alcohol regardless of the form in which it is presented. Commissioner MacGraw indicated that she could be supportive of Mr. Haney's request for the short-term, through this summer. However, she said that she believed that once the Commission begins developing a design for either renovating the 'clubhouse' or constructing a new facility that providing space for a 'bar' would not be a priority. She said that perhaps Mr. Haney's experience over the summer could be seen as a test period. MOTION Commissioner Bennett made a motion to approve Mr. Haney's request to apply for a full liquor license through Bob's Golf Shop, Inc. and to amend the Commission's contract with Mr. Haney to reflect that change given the understanding that the Commission will review its decision at the end of the current agreement or at the appropriate time when addressing capital improvement plans for the facility. Commissioner Coppedge seconded. Commissioner Eggers said that she was supportive of Mr. Haney making as much money as he could from the food and beverage operation and felt confident that he would run the operation responsibly but that she could see no compelling reason to offer hard liquor at the golf course. The vote was: 4 yes - 1 no (Eggers) III. ADJOURNMENT With no further business, Chair MacGraw adjourned the meeting. Respectfully submitted, k A nn Benedict, Business Manager Ashland Parks and Recreation Department ASHLAND HISTORIC COMMISSION Minutes May 6, 1998 CALL TO ORDER The meeting was called to order at the Community Center by Chairperson Jim Lewis at 7:38 p.m. Members present were Jim Lewis, Terry Skibby, Joan Steele, Vava Bailey, Dale Shostrom, Keith Chambers and Joyce Cowan. Also present were Associate Planner Mark Knox and Secretary Sonja Akerman. Members Carol Abrahamson and Curt Anderson were absent. APPROVAL OF MINUTES Chambers moved and Shostrom seconded to approve the Minutes of the April 8, 1998 meeting as submitted. The motion was unanimously passed. PUBLIC HEARINGS Planning Action 98-034 Conditional Use Permit and Site Review 221 Oak Street Marguerite J. and Stephen W. Smith Knox reviewed to application, informing the Commission the applicants would like to operate a health clinic, which will occupy approximately 580 square feet in the lower level of the house. The remainder of the house will be utilized as a private living space. He noted the house was built in 1907 by Mr. Smith's great grandfather and has been in the Smith family ever since. The only exterior change would be a handicapped ramp on the south side of the house from the rear to the front porch. The ramp will match the existing porch. Knox said there should also be handicapped access from Oak Street. The driveway will be paved and there will be a bike parking rack in the rear. He went on to say the property is zoned R-2, and given the fact it is over 20,000 square feet, it could accommodate six multi-family dwelling units. Therefore, the target use would have a much greater impact on the area than the proposed use. Knox stated Staff is recommending approval of this application with four conditions. The second condition requires the applicants to apply for a Conditional Use Permit Modification if there are any changes in the applicant's on-site residency or changes in the health clinic's operation or space. Condition #4 requires the applicants to submit a landscaping maintenance agreement. Lewis asked if there would be interior changes. Knox said the hallway will open up for access to the exam room. Lewis stated his concern is that if it were to be drastically changed, it would be difficult to convert it back into a residence. Marguerite Smith stated a firewall will also be installed to separate the dining room from the clinic area. Since she and her husband would like to make the house their permanent home, there will be few interior changes. Chambers commented the second condition is vague. He would like it to be more specific in number of practitioners also. Shostrom asked about the fire codes and wondered if the fire walls have been taken into consideration. Stephen Smith answered his contractor will make certain all the fire issues are covered. Lewis remarked this application almost meets the criteria of a home occupation, so the proposal will not have much more impact. Also, it is important the house be able to revert back to a single family dwelling. Chambers added it is a compatible business with the neighborhood. I The Review Board will look at the handicapped access from Oak Street. Chambers moved to recommend approval of this application with the stipulation the wording on the second condition be made more clear. Cowan seconded the motion and it was unanimously approved. Planning Action 98-039 Site Review and Outline Plan Approval Holly Street - Between Gresham and Holly Streets Evan Archerd and Hal Dresner Knox explained the applicants propose a nine-lot, nine-unit multi-family subdivision. Each taxlot will be the footprint of the unit. There will be one driveway off Holly Street for six units; the remaining three units will access off the alley. Staff feels the units are attractive and the designer has incorporated porches, window trim, hipped roofs, intersecting gables, bay windows, patios and balconies in order to make the design compatible with the neighborhood. Therefore, Staff is recommending approval. Bill Emerson, designer for the project, related the driveway for the six units will be 12 feet wide. By incorporating only one driveway, it eliminates garages off Holly Street. He said all the units are individualized. The only trees being removed are under six inches; the larger ones will remain on the site. The alley is already paved. When questioned by Skibby regarding the siding, Emerson responded it will be hardboard horizontal siding or hardboard horizontal shingle siding. Emerson then passed around photos of styles he emulating in the design, which is post World War H. He then explained units 1 and 9 are split level and he has attempted to conceal this fact with the visual effect of the design. Lewis asked if mullions will be incorporated into all the windows. Emerson answered the windows will be vinyl and that only some will have the interior grid. Cowan stated she feels a mix of plain and mullioned windows will look better than all one kind. Bailey commented she liked the various styles of the units. Skibby thanked Emerson for responding to the Review Board comments. Lewis stated the overall design has a nice feel. Cowan agreed and added this proposal is something different for Ashland. The design is getting away from the Craftsman style which has been so prevalent. Shostrom stated that generally, he feels the site plan is wonderful. However, he has a concern about the south exterior elevations of units 1 and 9. In his opinion, he feels the entrances are a little out of scale and if they are reduced, they will be more compatible. Emerson replied he was concealing the fact they are split level and in order to integrate transom windows by the doors to let in more light, he made the entryway larger. However, he will bring in examples of lowered roofs to a Review Board meeting. Chambers said that given what Emerson has done in disguising these split levels, he feels he has reached a good compromise. Shostrom suggested using a gable roof on unit 1 in order to create more bulk. After discussing setbacks, it was decided Emerson could go another two feet closer to the property line on unit 1. Knox added he is also allowed an 18 inch overhang. Shostrom moved to recommend approval of this application with the condition Emerson revise the street elevation entrance on unit 1 by using gables and posts and that he provide drawings tol/4 inch scale in order to provide a better sense of entry for the historic scale. Cowan seconded the motion and it passed unanimously. Ashland Historic Commission Minutes May 6, 1998 2 Planning Action 98-040 Amendment to the Site Design and Use Standards section of Land Use Ordinance City of Ashland Knox briefly summarized the commencement of the Downtown Design Review Committee. Originally, the design standards were so subjective, conflicts resulted, which was not only time consuming, but costly for the applicant as well. The City was in need of something clear for the applicants' designers. Allen Sandler and Ed Bemis had these problems as they were in the design stage and in the construction of their new building on East Main Street, so they went to the Mayor, who agreed better standards needed to be adopted. As a result, a committee was appointed consisting of Lewis and Shostrom from the Historic Commission, former Historic Commission member and OSFA employee Le Hook, architect Jerome White, downtown business owner Michael Donovan, and downtown business person Bob Rasmusson. After numerous meetings, the committee drafted a set of standards. One public hearing has already been held. Tonight the Historic Commission is holding a public hearing, then it goes to the Planning Commission and finally the City Council for adoption. The committee worked out height, setbacks, width, openings, horizontal rhythms, vertical rhythms, roof forms, materials, and exceptions. Basically, the text has not changed since the first public hearing, however, better visual graphics have been added and the text has been clarified. Bailey inquired about the differences between standards and guidelines. Knox related originally the Site Design and Use Standards were guidelines. After the Land Use Board of Appeals (LUBA) had ruled guidelines are not enforceable, the City Council adopted the guidelines as standards. Lewis added the standards are still flexible. Allen Sandler, 1260 Prospect Street, stated he has read the new standards and thinks they are fabulous. However, he has the following three concerns: 1)detail-what size scale will be required? 2)which will supercede-design or code? Knox stated fire and life safety requirements will supercede the standards. 3) is there a way to receive Historic Commission consensus prior to plan review stage? Lewis stated it is good to bring in sketches even before the pre-application stage. A real decision can only be made at a full commission meeting. Knox added applicants can start by coming to the Historic Commission meetings in an informal capacity,but reminded Sandler that before the members can make a binding decision, a complete set of plans would be required. Lewis asserted if everyone works together in good faith, the process will work. Ed Bemis, 398 Dead Indian Memorial Road, stated in his opinion, as long as the criteria is met, the standards will be met. Sandler said he wants assurance if he gets an opinion from the full Commission, the decision will stick for the final approval, and he wants it incorporated in the Standards. Steele pointed out what Sandler is seeking is procedure and should not be part of the policies or standards. She suggested Sandler work on this as a separate issue. Shostrom moved to recommend the Planning Commission and City Council adopt the Downtown Design Standards as written. Steele seconded the motion and it was unanimously passed. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of April follow: Ashland Historic Commission Minutes May 6, 1998 3 376 East Main Street Andy South Interior Remodel 340 "A" Street A Street Enterprises Remodel 77 Scenic Drive Louis & Beverly Kohler Addition 128 Sixth Street David Heller Accessory Unit 145 Sherman Street William Webber Reroof 311 "B" Street Larry Marshik Remodel 67 East Main Street Wells Fargo Bank Auto Teller Machine 70 Third Street Otto & Jean Glausi Addendum 120 High Street Norbert Bischof Basement conv to Acces Unit 478 North Laurel Street Bill Snell Addition 94 Granite Street Craig Mesco Remodel 199 East Main Street Jerry Garland Remodel 62 East Main Street Kai Wok Sign 399 East Main Street Claws & Paws Sign_ 51 Water Street The Atrium -Sign 485 "A" Street Yoga Arts of Ashland Sign REVIEW BOARD Following is the May schedule for the Review Board, which meets every Thursday from 3:00 to at least 3:30 p.m. in the Planning Department: May 7'" Bailey, Steele and Skibby May 14'" Skibby, Shostrom and Abrahamson May 215` Chambers, Steele and Skibby May 28" Lewis, Skibby, Steele and Abrahamson OLD BUSINESS Project Assignments for Planning Actions PA # Address Person(s)Assigned 96-086 685 "A" Street Curt Anderson/Jim Lewis 97-018 661 "B" Street Jim Lewis 97-075 40 North Main Street Dale Shostrom 98-021 44 North Second Street Dale Shostrom 98-022 112 Helman Street Vava Bailey 98-082 141 Lithia Way Dale Shostrom Ashland Historic Commission Minutes May 6, 1998 4 PA # Address Person(s)Assigned 98-034 221 Oak Street Dale Shostrom 98-039 Holly Street Joan Steele and Joyce Cowan National Historic Preservation Week Lewis announced the judges will be former Commissioners Le Hook and Cliff Llewellyn,and architect Ted Mularz. He emphasized the importance of attending some of the events that have been scheduled, especially the award ceremony on Friday. NEW BUSINESS Grant for National Register Web Site Thanks to Steele, the Department of the Interior National Park Service has selected the Historic Commission's proposal to prepare a National Register of Historic Places Travel Itinerary. Steele said she will need Commission members to help in deciding which sites on which to focus. (Chambers left at this time - 10:00 p.m.) (The Commission agreed to meet after 10:00 in order to finish discussing agenda items.) MORE OLD BUSINESS Southern Oregon Historical Society Presence in Ashland There was nothing new to report. Railroad District Nomination to National Register of Historic Places Lewis reported the joint study session with the Planning Commission went well. Only one person had negative comments. Two public meetings have been held and over 300 letters were mailed to property owners each time and approximately 10% of these people attended the meetings. He stated this is a tremendous benefit to the City of Ashland. He also thanked Knox for all the work he accomplished in writing the grant,thus making the research for the nomination possible. Knox stated this should go to the City Council on June 16`h. ADJOURNMENT With a motion by Skibby and second by Chambers, it was the unanimous decision of the Commission to adjourn the meeting at 10:18 p.m. Ashland Historic Commission Minutes May 6, 1998 5 ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 14, 1998 CALL TO ORDER The meeting was called to order by Chairman Ron Bass at 7:05 p.m. Other Commissioners present were Marilyn Briggs,Anna Howe,Russ Chapman, Barbara Jarvis,Mike Morris, Mike Gardiner,and Chris Hearn. Armitage was absent. Staff present were McLaughlin, Molnar,Knox,and Yates. APPROVAL OF MINUTES AND FINDINGS Chapman said under Site Visits and Ex Parte Contacts on Page 1 of the March 10, 1998 Minutes, it should read"All Commissioners except`Chapman' had a site visit". Jarvis moved to approve the Minutes as amended,Howe seconded the motion and they were approved. PUBLIC FORUM-No one came forth to speak. TYPE II PUBLIC HEARING PLANNING ACTION 97-100 REQUEST FOR A SITE REVIEW FOR THE CONSTRUCTION OF A 7800 SQUARE FOOT CITY OFFICE BUILDING 1175 EAST MAIN STREET APPLICANT: CITY OF ASHLAND STAFF REPORT McLaughlin reported this action was continued to allow the applicant time to provide additional information. He feels the information provided is complete so the Commission can reach a decision. One issue raised involved the proximity of the proposed building to transit service. In other applications in the city, when adequate transportation has been studied,the requirement of transit service has not been specifically required for new office buildings. A finding was made by this Commission and the Council in the original application for this building and Staff believes that finding still applies. In addition,Rogue Valley Transit District has announced they will be instituting a new route as of July 1st that will pass this site going both directions. Another issue raised at the hearing was compliance with the Site Design and Use Standards. Commission discussion suggested moving the building closer to the sidewalk. The City has chosen to pursue the application as originally submitted following their original campus master plan from the 1980's for this site.The Site Design ordinance that refers to placing buildings close to the street occur in the Detailed Site Review zone. The proposed site is not in that overlay and not subject to those standards. Consistency with the Downtown Plan was another issue. McLaughlin read a paragraph referring to City Hall. This application does not involve moving any of the office currently in the City Hall building downtown. The proposal involves moving the offices of Public Works Administration and Engineering, Fire Administration,Computer Services. It is Staff s opinion that City Hall is remaining the same as far as function and use and not in conflict with the Downtown Plan. Based on the above information,Staff is recommending approval of the application. Chapman asked what will remain at City Hall downtown. McLaughlin said Administration,Mayor,City Attorney, T Finance Department, Utility Billing,and Community Development and all support staff. If those functions need to expand,the Council has directed Staff to develop a financing plan for an addition to downtown City Hall. PUBLIC HEARING GREG SCOLES,Assistant City Administrator, is representing the Council in this application. Scoles gave a brief overview of the history of the project. 10/93 Planning Commission approved a 10,100 sq. ft.building Appealed to the City Council 11/96 Council directed Staff to proceed with the project,reducing sq. ft. ,housing fewer divisions 8/97 Study Session with Council-reviewed alternative plans for keeping City Hall functions as indicated in the Downtown Plan in the downtown. Discussion about expanding the usable area within the existing City Hall, reconfiguring,or going up an additional floor. 9/97 Application filed for downsized building of 7800 sq.ft. Application approved by Staff as Type I and called up for a public hearing. 12/97 Application sent back to Council for authorization of the application. The Council took affirmative action and moved to make the application. 1/98 Planning Commission heard application and issues raised-action continued. The Council believes the application complies with the Site Design Standards and is not in the Detailed Site Review Overlay. This project started in the mid-80's as a campus design project and this is the last piece of the project that would complete the campus. Scoles referred to page 5 of the Staff Report concerning consistency with the Downtown Plan. It recognizes the City will have some growth. "Some functions will have to be relocated." The proposed building will staff anywhere from 18 at present to 25 with growth over the years. The Council is in a unique position. They will be the hearing body if this project is appealed. The Council would like to begin construction this season. Site Visits and Ex Parte Contacts All Commissioners had a site visit. Briggs had a conversation on January 21, 1998 with John McLaughlin. She suggested taking the existing building at 1175 East Main Street and add to it for more space. On February 10, 1998,she phoned McLaughlin to see if Council had discussed and Council had said at the goal setting session they did not want any more studies and wanted to go ahead with what they have. Briggs expressed her disappointment that the building design is the same as it was four years ago except someone chopped off some of the building on the plan. She feels the City could save space and money if the whole Fire Department moved to the site and the Council Chambers could move to the Fire Department. Scoles can relay Briggs' message. RICK VEZIE,446 Walker,thanked Barbara Jarvis for her years of service. He is opposed to the project because the costs of the original project were never disclosed to the Space Needs Committee. He believes decisions continue to be made on faulty or incomplete information. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING MINUTES APRIL 14, 1998 Referring to page 5 of the Staff Report(Detailed Site Review Overlay), Vezie said,as a designer, he is told all the time by the City to comply with the standards of the Detailed Site Review Overlay. It may not be an official standard,but if you want to get your project past,you have to do it. The parking lot on the proposed building is in front of the proposed building. Vezie said the Downtown Plan associates movement of personnel out of the downtown with growth. He does not believe the City has grown so much that movement of personnel can be justified. Once the proposed building is built,who is housed there will be an administrative decision and he cannot trust the Council. Section 18.72.010,Purpose and Intent,Vezie stated, is to insure that high quality development is maintained throughout the city. He challenges how the proposed building is high development: If we want"Green to be Mainstream",why is the City using clear cedar siding for the building? He would like the Planning Commission to take a leadership role and plan. RON ROTH,6950 Old Highway 99 South,feels the Planning Commission should deny the request because it violates at least the spirit, if not the letter of the Downtown Plan. Roth pointed to two examples: Roth never went to downtown Sunnyvale in the 13 years he lived there because the city built a large urban campus surrounded with lots of parking and wide streets,detached from the downtown. Palo Alto has an incredibly vibrant downtown where one finds a parking space and walks around. City Hall which covers a square block which was built in the 80's. Roth maintains it is vibrant because the City Hall is downtown. He asked the Planning Commission to do more research on downtown areas. Jarvis quoted the Downtown Plan(first sentence): "...City Hall will remain in its present location for the immediate future."(written in 1988). What is the immediate future? She is hesitant to rely upon this document when reading the first paragraph. From the wording, it sounds as though the writers did not expect City Hall to stay downtown. Staff Response Howe said there needs to be directional signage at the proposed building. Also,there is a planter that sticks out which will not allow for direct and easy access into the building. Molnar said that can easily modified. Rebuttal Scales said the comments he is hearing relate to decisions made by the Council about design and the desire to build this building,the location, etc. It is Council's feeling and Scoles' feeling that it is consistent with the spirit and intent of the zoning standards and the Downtown Plan. The Council is very committed to keeping City Hall downtown. However,they do not believe it is prudent to keep the uses mentioned earlier in the downtown core area. COMMISSIONERS' DISCUSSION AND MOTION Howe believes the "hall" is the Council Chambers and it has already been moved. She has no problem with the building because the facilities now being used by some departments are currently housed in poor facilities. However,to have the building hidden is an emotional statement to the residents. The City is saying: "We don't want to be heard or found". The citizens deserve to have an up-front proud building enhancing the streetscape with parking behind. She would feel hypocritical voting for this site plan when we require more of everyone else. ASHLAND PLANNING COMMISSION 3 REGULAR MEETING MINUTES APRIL 14, 1998 ,r Jarvis said the problem is the Planning Commission's job is to look at the criteria and see if this application meets it. Although it would be nice for the City to do a design that would fit into the Detailed Site Review Overlay,the Commission cannot do that because it is not applicable. The Commission cannot base a denial on the basis of design because it would be overturned. Briggs feels the Council is overwhelmed with critical decisions and they do not have time to do long-range planning. When the plan was approved a long time ago, it sufficed but it no longer meets with the high level of expectation we have now. Though Hearn agrees with much of what has been said, he believes the Commissioners have to follow the criteria and be objective. He feels compelled to approve it even if he personally disagrees with the more subjective aspects of it. Bass said it is unfortunate they are relying on a ten year old Downtown Plan with fuzzy language and in some ways it is unfortunate the City has not taken any of the suggestions that have come up in the last couple of months,but agrees the project meets the criteria. Jarvis moved to approve PA97-100 with the attached seven Conditions. Hearn seconded the motion and it carried with Jarvis, Mortis,Hearn,Chapman,and Bass voting "yes"and Gardiner,Howe and Briggs voting"no". PLANNING ACTION 97-054 REQUEST FOR OUTLINE PLAN APPROVAL FOR A 25-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION LOCATED AT STRAWBERRY LANE. APPLICANT: DOUG NEUMAN/MEG BROWN/PAUL HWOSCHINSKY Site Visits and Ex Parte Contacts The Planning Commissioners had an organized site visit a few weeks ago. Hearn has a potential conflict of interest with this action as well as the next action(PA98-081-930 Tolman Creek Road),therefore,he stepped down and will not participate in the hearings. STAFF REPORT Molnar said at the February meeting,the applicant was asked to provide information regard street improvements, the timing of those improvements,and how they would be paid and whether or not the applicant met the burden of proof for access to and through the development. Molnar said the applicant's new submittals state the street improvements will remain the same but with the improvement extending all the way down Strawberry to the intersection of Strawberry and Alnutt with some improvements to that intersection.The entire street system will be done under one phase. The applicants made it clear in their proposal that the three property owners would bear the full cost of all improvements and they are not proposing to improve any streets through a LID. The walkways have been revised showing a standard city concrete sidewalk on all streets. There is an open space area to incorporate more of the drainage swale as shown on the latest site plan. ASHLAND PLANNING COMMISSION 4 REGULAR MEETING MINUTES APRIL 14, 1998 The building envelopes on the Hwoschinsky property have all been modified to have at least a minimum setback of 20 feet from top of bank. Staff was hesitant at the time the Staff Report was written to recommend approval because they were uncertain about the timing of the Strawberry Lane improvements from Hitt Road to Alnutt. Staff feels the application can be approved with a Condition that all Strawberry Lane improvements be done as part of phase 1 in conjunction with the survey plat for any of the home sites and the project not be broken into phases. Molnar suggested additional wording on Condition 16 to clarify that there will be interior residential sprinkler systems required in all new homes. As clarification on the street improvements,McLaughlin explained the applicant is proposing asking the City to join in a LID to pave the City's portion of Strawberry. The City has done this in the past and it is likely the Council would do it in this instance. Part of the land is owned by the City and part by the Parks Department. If the City and Parks choose not to participate,the applicants have said they would either carry the whole burden themselves or choose not to proceed with the project. Howe wondered if special wording is needed for the extension of the sidewalk down to Alnutt. Molnar said, "yes", it would help to clarify. Chapman asked about"capacity". McLaughlin explained the applicant has to show there is capacity of public facilities to allow for the development of the property. If there is a route to this property that is less than 18 percent, paved and meets the standard,there is capacity for development. The applicants are saying there is adequate capacity by using the Strawberry/Westwood/Wimer as the route that provides capacity for development of the property. The remaining part,going to Strawberry and Alnutt is not part of the consideration. It has not been relevant in past decisions whether or not people use the route. Gardiner asked if the Commission will not even consider lower Strawberry to the comer of Alnutt. McLaughlin said the applicant has provided a solution to pave and allows the neighborhood to remain with unpaved streets. Gardiner wondered if the corner of Alnutt and Strawberry will change. McLaughlin said it will change,especially at the comer. The city owns additional right-of-way beyond the travel surface now being used. PUBLIC HEARING TOM GIORDANO, 157 Morninglight Drive,agent for the project stated he has submitted additional information for clarification. PAUL H WOSCHINSKY, lives on Strawberry and he can see how people use the area-walkers,hikers,joggers. After the moratorium was lifted,they went through neighborhood discussions which was over three years ago. Out of those discussions came 37 '/2 acres of open space and useful discussion. During the neighborhood discussions there were many who did not want to widen Alnutt. He believes Alnutt should be made one-way going up and one- way down Strawberry. About half the time,he goes out Westwood. Giordano stated the project is all one phase. His group will pave all the way to lower Strawberry and Alnutt. The road will be engineered at Final Plan. There has been no formal agreement with the City on paving their portion. Giordano estimates there will be 92 vehicle trips out Westwood and 138 out Strawberry(based on both being ASHLAND PLANNING COMMISSION 5 REGULAR MEETING MINUTES APRIL 14, 1998 paved). Even if the traffic does not split this way,he believes they meet capacity and criteria requiring access to and through the development. Briggs noted on Lot 10(Brown property)the driveway meanders up passing close to the building envelope of Lot 9. Giordano can make adjustments or have a reciprocal agreement. Briggs said the map does not show trees over six inches dbh and it appears they are in the building envelopes 4,5,6 and possibly 2. Giordano said all building envelopes were laid out to avoid trees. Briggs said there are not elevations for sites over 35 percent. Additionally,there is an extremely steep entry onto Lot 2. Giordano did a grading detail of that specific area to show how the driveway can go up. Lot 4 appears to have an extremely steep driveway and she is concerned with cuts. Giordano said the road will run parallel to the contours and believes it meets the criteria. JERRY MANDELL, 1 I l l Strawberry,said if the project is approved,he wants to make sure there is an adequate turning radius at the corner near him so the residents are encouraged to use Westwood access. He would like the Commission to think about the rest of it--Alnutt and lower Strawberry. SID FIELD, 525 Tucker Street,hopes to live there someday. The trees are identified and efforts have been made to preserve the open space. He goes to Medford a lot and he would prefer using the paved street. CHRISTINE CRAWLEY, 124 Strawberry Lane,read and submitted a letter that will be go into the record. If the road is widened, she will lose four trees. During most of the winter there is ice. The added trips will be cause for safety concerns. DENISE EWING, 144 Strawberry Lane,submitted a letter too. She has street safety concerns because Strawberry will be a major traffic egress. JAN HARRELL,225 Nutley,read her comments. Jarvis asked Harrell if she had signed an agreement to participate in a LID as some point. Harrell said she probably did but did not realize it. JACK BLACKBURN, 805 Oak Street,believes the neighbors should not be expected to pay for development done by developers. Streets are a city facility. He does not think the transportation criteria has been adequately addressed. SUSAN HUNT,220 Nutley,said she believes the required burden of proof that adequate access to through the development has not been met because the streets below Strawberry and Alnutt have not been paved and are going to expect 138 vehicle trips per day after this development is built. PATRICIA HALEY,400 Alnutt,does not want the Commission to approve until she knows what they are doing with her street. She thought she remembered McLaughlin saying if upper Strawberry is paved, lower Strawberry would need to be paved because of runoff. JON PEELE,234 Strawberry Lane, lives on a private drive off Strawberry. It is between .5 and.6 miles from the Ditch Road to the Plaza. By way of Westwood, it is over two mile. Safety is his issue. He does not use lower Strawberry and his neighbors do the same. Alnutt is narrow with a blind,steep curve. He would like to see a study done to make sure this is safe and adequate access. ASHLAND PLANNING COMMISSION 6 REGULAR MEETING MINUTES APRIL 14, 1998 LAURA DUNBAR, 152 Strawberry Lane,expressed the same concerns as comments she had from the last hearing. On page 6 of the Staff Report,Conclusions,financing of improvements--is it fair for the other neighbors to pay? CHARLES SCHULMAN, 135 Westwood, said he is part of Anna Hassell's subdivision. He takes Grandview to get to town and it is dangerous. He wants the Commission to take into consideration the other projects going in. LARRY BRESSLER, 152 Strawberry Lane,does not like the unplanned costs, loss of ambiance and safety. He believes Staff is remiss in their interpretation of the of Criteria B. The applicant has failed to address construction issues which will be imposed on the residents. It appears the storm drainage will go down Strawberry to a storm drain. McLaughlin said the storm drainage has to be handled by the applicant to where there is a storm drain system in place. Jarvis moved to continue the meeting until 10:30 p.m. Briggs seconded and all approved. HARRY BARTELL,365 Strawberry Lane,referred to the Transportation Plan. "Auto oriented land uses should be discouraged from using neighborhood streets as the primary access route"(page 16). Page 27, "Cut through traffic in established neighborhoods disrupts life and erodes the neighborhood integrity". HENRY KNEEBONE,449 Orchard Street,pointed on the map to the property he owns. He plans to subdivide some day. The City has a drainage easement on the property but the City will have to be responsible for it unless- they make the developers responsible. There are no rocks in Wright's Creek Canyon and it really washes. With regard to Criteria B(development of adjacent land), if Hwoschinsky develops, it will cut out about six acres. The City should also think about a fire trail. The Commission postponed PA98-081 until next month. DEBBIE FITZPATRICK,450 Orchard Street, is concerned with safety on streets. She suggested a STOP sign at the base of Westwood where it T-'s into Orchard. SUSAN POWELL, 180 Nutley Street, is amazed the Commission could consider there is adequate transportation to and through the development. She believes people are going to use her road even if it is not paved. She is concerned about the storm drainage. She is concerned about the construction vehicle trips. Will heavy equipment use her street every time a new house is built? Staff Response McLaughlin noted the City's efforts over the years regarding this property. In the 1970's the zoning for this area allowed for 200 units. It has been downzoned since that time and, in addition,the City has also purchased some significant parcels for open space, helping to reduce the development impact. In the attempts at the neighborhood planning process, further downzoning was discussed which the applicants have followed, using one acre zoning,so the total development of the area dropped to 50 units. There has been much testimony in the past two meetings where paving is proposed for those narrow streets and as a result the neighbors are concerned about loss of ambiance and the feel they have for the area. Equal concerns about safety(driving on paved vs.unpaved)were raised. The developers are proposing paving those over which they have control. With regard to access to the development,a recent planning action was approved with access out Westwood towards Grandview. Jarvis wondered with regard to lower Strawberry what is expected of the property owners and what were they led to ASHLAND PLANNING COMMISSION 7 REGULAR MEETING MINUTES APRIL 14, 1998 believe. McLaughlin said the City has agreements to pave on file for different properties along Strawberry. The same is true of Alnutt. Jarvis moved to continue the meeting until 11:00 p.m. The motion was seconded and approved. Rebuttal Giordano said even though the neighborhood plan is in draft form,the proposal is designed with the plan in mind. He believes the applicants have met the criteria showing transportation to and through the development by paving out Westwood leading to Winter. Giordano said his own work was checked by transportation consultant, Wes Reynolds who said all streets concerned are under capacity. Reynolds said the county standard for a dirt street is 800 vehicle trips per day. Giordano said the City is not going to allow the applicants to dump drainage off Strawberry and Alnutt. There will be a connection. Giordano explained that Kneebone's predicament is that he cannot develop because of the creek and terrain. COMMISSIONERS' DISCUSSION AND MOTION Howe is impressed the developer will take responsibility to pave and sidewalk to Alnutt. That is acceptable. Morris does not believe Strawberry and Alnutt are at capacity. Jarvis said the precedence is very clear. The Commission has said in the past(Ivy and Mountain) if there is one road accessing in and out of the development,that is adequate transportation. She does not see how that precedence can change mid-stream. Jarvis wants to make certain all the recommendations regarding drainage are addressed. Bass believes the developer has gone the extra mile to make the development compatible. Briggs wanted to add a condition with regard to construction vehicles avoiding Strawberry and Alnutt. McLaughlin said such a condition would be difficult to enforce but a condition could be added to suggest construction traffic go by way of a paved access. Chapman believes the improvements to lower Strawberry need to be addressed before approving anything father up. Jarvis moved to approve PA97-054 with the attached conditions including interior sprinkling of proposed homes. There will be no phasing of the project with no permits issued until the paving is completed. Also there will be a sidewalk that goes through the property to the comer of Alnutt. Gardiner seconded the motion. The motion carried with Briggs and Chapman voting "no". APPROVAL OF FINDINGS Jarvis moved to approve the Findings for Trinity Episcopal Church. Howe seconded the motion and the Findings were approved. ASHLAND PLANNING COMMISSION 8 REGULAR MEETING MINUTES APRIL 14, 1998 OTHER Land Use Planning Week will be May 3rd through May 9th. The Planning Commission's retreat will be May 9th. ADJOURNMENT- The meeting was adjourned at 11:00 p.m. ASHLAND PLANNING COMMISSION 9 REGULAR MEETING MINUTES APRIL 14, 1998 ASHLAND CONSERVATION COMMISSION MINUTES April 22, 1998 CALL TO ORDER The meeting was called to order by Ken Hagen at 7:02 p.m.at the City Council Chambers. Members present were Karen Amarotico,Russ Chapman, Kirk Evans, Bruce Moats,John McCort', Russ Otte, Kari Tuck, Ken Hagen and Ashley Henry. Staff present were Dick Wanderscheid and Sonja Akerman. No members were absent. APPROVAL OF MINUTES-The Minutes of the February 25, 1998 meeting were approved as presented. INTRODUCTIONS-Hagen introduced new member Ashley Henry. Chapman introduced Ban Murphy,who is the new recycling coordinator at Ashland Sanitary and Recycling. PUBLIC FORUM Kendra Schmiedeskamp,1350 Iowa Street,stated she read the July 1997 Jefferson Monthly article on tree free paper. She is trying to put together a buying group in order to have make tree free paper more affordable. Hagen informed her the City printed one utility newsletter on bamboo paper and there are other types of paper which could be researched. She also talked about large buying operations which could encompass the schools, the City,Southern Oregon University and Oregon Shakespeare Festival. She will get more information from the Commission on research that has already been accomplished on tree free paper. ASHLAND SANITARY&RECYCLING UPDATE Chapman informed the Commission the phone book drive was a success and that Talent Elementary School won the contest,bringing in over 1300 books. Briscoe Elementary brought in a little over 900. Regarding the chipper week,he reported approximately 50 customers utilized the chipper on route,while only seven came in the day it was at the transfer station. Otte suggested coordinating the use of the chipper with a specific date, such as Earth Day. Chapman credited Moats for the 16 boxes of wood product materials that have been hauled from SOU to the Biomass station. This program started in November of 1996. Chapman noted OSF also recycles with Biomass. Dan Murphy related he attended a Master Composter meeting in Medford last week. The composting facility in Bear Creek Park is looking for free labor and materials to fix up the site. Hagen added the site is located between the parking lot off Highland and the amphitheater. He also noted the Ashland Recycling Task Force and the Recycling Pact helped set up the demonstration site and he urged the members to check it out,as it is a very attractive area. Murphy said the Master Composters are seeking$10,000 to pave the path and finish fixing up the area. Murphy also reported he had recently attended a Green Schools meeting in Wilsonville. There were 30-40 schools represented,none from Southern Oregon. There are currently ten accredited schools in Oregon. Hagen said he would like to have Ashland schools accredited. Murphy will give a more detailed report next month after he receives additional information. Tuck related the Commission had looked into the Green School program last year and a subcommittee had conducted a survey with the schools. She said it would be a big commitment for someone to take this on. Amarotico added the subcommittee had hosted a breakfast meeting last fall with representatives from the schools in Ashland. The representatives wanted school to settle in prior to making any commitment. Chapman stated Tuck and Amarotico should update Murphy on the Green School work already completed. He also stated this could be a part of his job for Ashland Sanitary. OLD BUSINESS NRGIH70 - The last matter accomplished by this subcommittee was the water conservation letter mailed to all lodging facilities in Ashland. Wanderscheid stated he listed himself as a contact person,but he has not heard from anyone. Hagen said he suspects most all the lodging businesses already have these water conservation policies in effect. Education Subcommittee Recommendations11998 Conservation Classes - Wanderscheid discussed the classes and recommendations from the subcommittee. He stated composting should be offered because it had the highest attendance of all classes offered last year. Also,the subcommittee 1 recommended free composting bins should be offered once again.The bins cost around$8 apiece. Otte moved and Moats seconded to allocate enough money to buy 50 compost bins and authorize the scheduling of four compost classes. This would cost approximately $400. The motion was unanimously passed. Another recommendation was to offer a"xeriscaping"class which would involve a tour. Otte suggested buying coupons to offer people attending these classes. Hagen wondered if these classes could be taped and then shown on RVTV. Evans related the cost of filming a one hour show at SOU is$80. Wanderscheid stated the Commission should try video one class. Regarding the zeriscape tour,it was decided Wanderscheid would talk to the necessary people in order to facilitate the use of the Soroptomist bus, which is owned by the City. Robbin Pearce,Water Conservation Analyst for the City,will be consulted to work on this project also. Wanderscheid will work with Fran Berteau in Administration to get short filler articles published in the utility bill Newsletters. He also suggested printing the conservation classes in the City Source,which is published quarterly through the City Recorder. Henry said there is a possibility of piggy- backing with the Sierra Club for hour-long segments on RVTV. She stated the Commission could use the infrastructure already in place. The Commission agreed this would be a good idea. Solid Waste-Chapman related he and Amarotico had completed a survey of recyclable containers in the stores. They will put together the information and have it available to share with the Commission. Jefferson Monthly Articles-Wanderscheid reported Tuck's article is currently at press. He commended her, along with Chapman,for the good job they did on their articles. Evan's article was too long so it will have to be edited into two segments. McCort'will write the next article,Henry will do one for the June meeting on the water intertie and Moats will write an article on SOU's Environmental Education Program for July. Goal Setting for 1998-It was noted most goals are education-oriented. Chapman stated it would be best to have fewer goals and Otte agreed. The Commission noted since most of the goals relate either to water or education,the subcommittees should be redefined as the Water Subcommittee (McCory,Chapman,Moats,Henry, Evans and Hagen)and the Green Schools Subcommittee(Murphy,Otte,Amarotico,Tuck and Hagen). SOU Recycling Report- Moats submitted a memo to the Commission regarding the distribution of the additional recycling containers at SOU. He thanked the Commission on behalf of the university for the$500 allocated to purchase additional recycling containers which have been distributed to eight different locations around the campus. He also passed around a photo of the typical setup of the containers. He then noted SOU is getting close to the 50% recycling target mandated by the state by the year 2000. 4'of July Parade-Chapman and Hagen reported they have decided on a theme for the entry. It will combine an interior scene with an outdoor scene and depict how they are related. They also need to relate this to the theme of the parade this year-MUSIC,MUSIC,MUSIC. Moats suggested"Fresh water is music to our ears". This will again be discussed during the May meeting. NEW BUSINESS Earth Day Booth-Hagen stated he had recommended the Conservation Commission have a booth at the Earth Day celebration on April 25". It will be adjacent to the Bicycle Commission booth. He asked for coverage between 10:00 a.m.and 4:00 p.m. McCory volunteered to help set up the booth and take it down. Free Ride Day-This is an event sponsored by the Bicycle Commission. Hagen noted letters have been mailed and there will be an ad in the Tidings for people who"pledge not to drive"on May 15". AOR Education Conference-Wanderscheid related the theme for this year's conference is Sorting Through the Changes. No one committed to going to the May 22n°conference in Salem. Ashland Conservation Commission 2 Minutes April 22, 1998 Pilot Solar Program-Wanderscheid reported President Clinton has initiated a 1,000,000 Solar Roof Program and the City of Ashland would like to become a pilot site. The City has been working with Angus Duncan,who has been on the Northwest Public Power Planning Council,and is originally from Medford. Duncan is very optimistic it will happen. Wanderscheid would like the Commission to be involved with this and will keep the members updated. COMMISSION ITEMS Tuck related the storm drain stenciling equipment is in need of finding a storage place. Hagen and Chapman offered the Recycle Center storage room. Hagen mentioned he has the membership directory for the AOR. Chapman noted distressed green bikes can be taken to the Recycle Center on Water Street. ADJOURNMENT The meeting adjourned at 9:17 p.m. Ashland Conservation Commission 3 Minutes April 22, 1998 CITY OF ASHLAND `9y Office of the Mayor 0 ''.0 EGO MEMORANDUM DATE: May 28, 1998 TO: All City Council Members A FROM: Cathy Shaw, Mayor RE: APPOINTMENT OF RICHARD WANDERSCHEID AS ADMINISTRATIVE SERVICES DIRECTOR Attached is a memo from City Administrator Mike Freeman recommending the appointment of Richard Wanderscheid as Administrative Services Director. I concur with his recommendation and would like to request City Council confirmation of the appointment of Richard Wanderscheid as Administrative Services Director. Attachment M E M O R A N D U M To: Honorable Mayor From: Mike Freeman, City Administrator Date: 5/5/98 Subject: Change in Duties In preparing for my interview with the City some months ago, I was struck by the fact that Ashland does not have a coordinated public information/community relations program. The City has a tremendous number of initiatives, programs and projects going on that are of interest to the public and the media which are not being fully communicated. This coupled with the public's expectation for a great deal of access to the City government demands that the City have a coordinated effort for managing an overall public information program. In thinking about how to provide this service with resources that have already been allocated, I have come up with a proposal to use Dick Wanderscheid in a differing role, building on his strengths and talents and providing the City organization with a critical resource. Proposal I have found that Dick is a trusted and important member of the City organization. He has gained a great deal of respect from the staff, the Mayor and Council and public over the years and is an individual that people trust. In addition, he has a natural inclination and interest in the areas of public information and community relations. I intend to reclassify Dick's position to Administrative Services Director. Dick would be responsible for the following areas: Public Relations/Community Relations/Marketing—Dick's position would supervise the position that is slated to be filled in the Electric Utility to perform marketing and public information for the Ashland Fiber Network. The initial marketing and public information surrounding the AFN will be significant and a large portion of the new employees time, however, after the first year, less effort will be needed and more time can be allocated to consulting with the other departments of the City and supporting their operations. The idea is that this employee will serve as an internal consultant to the organization on public information, public relations and marketing issues. The Communications and Marketin¢ Manager's duties will include: media relations employee newsletter, utility bill insert. community newsletter, department consultation RVTV liaison and others. ❑ Conservation—Dick has built up a superior conservation program and he would continue to be involved in the guidance and development of this important program and will gradually delegate more responsibility to subordinate staff for the day-to-day operations of the conservation division. • Intergovernmental Affairs—Dick will continue his liaison work in the intergovernmental affairs arena. • Legislative Affairs—Dick will be responsible for managing the City's overall legislation program, at the state and federal level. With many important legislative issues facing the City(i.e. electric deregulation, telecomm, water, transportation) it is important for the City to have a strong presence in this area. ❑ Environmental Affairs—Dick will continue to be the City's lead employee in dealing with environmental affairs and responsible for implementation of the Valdez Principles throughout the City organization. ❑ Customer Service—Dick will be responsible for designing and implementing an organization-wide customer service program and be responsible for assisting departments in improvement in the customer service area. The benefits of this proposal are: ♦ Utilize a significant staff resource in a differing and positive manner for the benefit of the community and organization ♦ Ensure conservation programs are not diminished ♦ Provide an additional resource for the City Council and City Administrator and departments ♦ Provide a much needed resource in the legislative area ♦ Begin a new organization-wide focus on customer service Adn mstrative Services Mike Freeman City Adninistrator Dick Wandcmheid Adrrirristrative Services Director VACANT' Leglative Affairs [Znnmrications&Marketing Nbnager Conservation Progmm [--Fnlcrgavcrrmxntal Affairs Fllvlromyxntal Affairs Customer Service '�oo� s lttn� lJolire P epar#ment 1155 E.MAIN ST. ASHLAND,OREGON 97520 Phone (541)482-5211 VI: :Z OE�°ARTMEA f ® May 21, 1998 SCOTT FLEUTER Chief of Police TO: Mayor and Council FROM: Scott Fleuter, Chief of Police SUBJECT: Annual Liquor License Renewals A blanket renewal for the current liquor license holders in the City of Ashland has been approved and is recommended. SCOTT FLEUTER CHIEF OF POLICE MC:kmh City of Ashland �` City Hall City Recorder's Office + 20 E.Main St. Barbara Christensen,City Recorder Ashland,Oregon 97520 (541)488-5307(phone) (541)488-5311 ((ax) May 22, 1998 TO: Mayor and Council FROM: Barbara Christensen, City Recorder/Treasurer SUBJECT: Liquor License Application Application has been received from Ann Clouse for a LIQUOR license for an ESTABLISHMENT, Alfresco at 70 Water Street, Ashland. OLCC and the Ashland Police Department has completed the necessary background investigation and approval of this application is recommended. Resp tfully submitted azbaza Christensen City Recorder I t City of Ashland `" ° City Hall City Recorder's Office 20 E. Main St. Barbara Christensen,City Recorder Ashland,Oregon 97520 (541)488-5307(phone) (541)488-5311 (f=) May 21, 1998 TO: Mayor and Council FROM: Barbara Christensen, City Recorder/Treasurer SUBJECT: Liquor License Application Application has been received from Terry & Julie Wiley.for a LIQUOR license for an ESTABLISHMENT, Wiley's Organic Pasta Company at 1606 Ashland Street, Ashland. OLCC and the Ashland Police Department has completed the necessary background investigation and approval of this application is recommended. Respe tfully submittedC,'�� J azbaza Christensen t''Q�n/ City Recorder Ashland Fiber Network A White Paper From Jefferson Public Radio Background: In Fall 1997 Jefferson Public Radio (JPR) was invited to an informal meeting in which preliminary discussion of the Ashland Fiber Network (AFN) was introduced. Beginning in March of 1998 the AFN project began to attract scattered public attention and JPR began receiving requests from the press, JPR members, representatives of the City of Ashland and members of the SOU campus community for JPR's view of the project. Our response was that JPR was not yet sufficiently well informed to offer meaningful comment. At the Ashland City Council public hearing on this project,which was held on March 17, 1998 JPR attended but offered no testimony for the same reason. On two occasions representatives of the City have publicly declared that JPR and/or JEFFNET have either endorsed or agreed to collaborate with AFN. Such statements are not factual. At the March 17 hearing several members of the City Council made two statements which JPR found troubling: • City of Ashland staff in charge of leading the AFN project acknowledged that the financial pro forma was in error in a number of areas, and one member of the City Council indicated that the figures were so flawed that it would be irresponsible for the Council to authorize the proposal based upon such inaccurate data. • It was asserted that, even if the financial analysis was faulty, the project was "way cool" and worth pursuing even if it wound up costing city residents yet unpredicted new taxes because "it was worthwhile." The AFN is a huge project, arguably one of the largest and most risky undertakings the City has considered in the past 75 years, with significant potential for both positive results as well as for enormous economic loss. Both as a broadcasting organization which has long influenced communications policy on both a statewide and national level and as an organization which operates one of the businesses which AFN proposes to enter, JPR has dedicated the time and resource necessary to assess the AFN project from information provided by the City of Ashland and other sources so that it can render an informed opinion about the project. JPR shares our findings in this document in the interest of fostering informed public policy by our fellow citizens. JPR's Interest: JPR owns and operates JEFFNET, a local non-profit Internet Service Provider (ISP). It may be suggested by some that JPR's interest in AFN is dictated by competitive 2 interest. For the record, JPR has been invited by AFN to participate in-AFN and utilize AFN as JEFFNET's connection to the Internet for its Ashland members. JEFFNET considers that invitation to be an open one. Indeed, AFN could arguably provide JEFFNET's least expensive high-speed data connection option and AFN's construction could, to that degree, conceivably serve JEFFNET's interests. To the degree that AFN has proposed establishing its own Internet service, which would compete with JEFFNET and other local providers, JEFFNET does not fear such competition. JEFFNET is a non-commercial civic network dedicated to promoting and using the Internet as a tool for improving our community. JEFFNET's goal is not achieving the largest market share, but rather providing the lowest cost access to the Internet and stimulating local content which facilitates life-long learning and community dialogue. AFN Scope: A detailed reading of the AFN plan reveals the following components: 1. Enables Ashland's municipally-owned electric utility to reduce operating costs in the area of staffing by remotely controlling and monitoring electrical loads, switching and some service calls.' 2. Lease of excess AFN capacity to other telecommunication entities. 3. Use of the AFN for high-speed data distribution of Internet services either directly provided by the City or in cooperation with local ISP's (including JEFFNET). 4. Use of the AFN to distribute cable television service. JPR Analysis: JPR offers the following analysis of the four operational "scopes" of the AFN and the revenue pro forma projections for the system. We have devoted only limited attention to the expenditure side of AFN and, for that reason, will not offer detailed analysis of predicted operating expenses. It should also be noted that while funds from the $4.2 million bond are for the purchase of hardware, the operating expenses for AFN are predicted to exceed $10 million during the first five years. It is revenue necessary to support these operating expenses which is the most fragile aspect of the proposal. The entire fiber infrastructure, sans the city's operation of these separate businesses, could probably be installed with no bonding and very little financial risk. Reducing City Operating Costs The Operational Savings element of the AFN plan, which apparently led to the development of the AFN project, actually,represents by far the smallest share of revenue/savings to the project's total revenues. The City projects savings of$315,000 during the five-year period which the AFN's pro forma covers. This is a reasonable basis for constructing the core fiber ring. ' The City has indicated that its incentive to launch AFN stems from the combined need to replace electricity revenues(which will decline as competing electricity providers enter this field)as well as achieve necessary operating efficiencies/savings which can be accomplished using AFN technology. These two factors are predicted to help the City remain price-competitive in its electricity business. Surprisingly,however,the City projects only a $172,000 reduction in electricity revenues from competition. This reduction,along with savings which the Electrical Department would realize through AFN,combine to produce a reasonably small economic incentive relative to the scale of risk and investment proposed for AFN. 3 However, attaining this goal involves building only a fraction of the total ring. The majority of the ring's construction is unrelated to this goal. While these are clearly important savings to make, they do not require the City to go into the full-scale operation of the other AFN undertakings and, indeed, do not require construction of most of the AFN ring infrastructure which is proposed. This reality sharply contrasts with the City's public suggestions that the project is being undertaken to save City funds which would otherwise be spent for existing obligations. Lease of Excess Data Transmission Cavacity The City does not project a need for the entirety of the transmission capacity of the system and proposes leasing excess capacity (known as dark fiber)to other parties. This is also a reasonable, wise and relatively less financially risky aspect of the project. Like the City Savings goal, however, it represents a smaller share of the projected revenue stream than might be assumed. The total 5-year revenue projection from lease of excess data transmission capacity totals $747,644. High-Speed Internet Service This is the operational plan which the City believes to be the major"cash cow"which will support AFN and defends the projects fiscal viability. It is also the AFN area, however, for which the fiscal and programmatic assumptions are most clearly at odds with reality. AFN seems to have adopted an "If we build it they will come"philosophy towards the High Speed Internet service business. AFN proposes to use its connection to Ashland homes to offer a very high speed Internet service. AFN has variously suggested that it would develop its own Internet Service Provider(ISP) business and/or lease this capacity to other ISP's. AFN's pro- forma assumes that both situations will exist. Internet service is currently provided by dial-up modem at speeds ranging from 56k to 14.4k (at prices ranging from $10/month to $22/month which AFN has treated as a$17.50 monthly average). AFN would offer no dial-up service. AFN's service would consist of a hard-wire connection at vastly greater speeds for which AFN proposes to charge a much higher rate of $452 AFN's projections assume very substantial conversion of existing ISP dial-in service to the AFN hardwire connection and very high penetration of total Ashland households for this more costly high-speed service. AFN also proposes to target"early adopters" of Internet service to front-load conversion to AFN and stimulate the Internet business in Ashland. AFN bases its projections upon proprietary market survey data which is not included in the formal AFN proposal. Having reviewed these projections JEFFNET conducted an on-line survey of its members to determine relative interest in high-speed service (either via AFN or through the emerging US 2 AFN also proposes to lease its connection capacity to other ISP's at$15 per account per month,a figure which approaches the total monthly cost of existing dialup service and, in some cases,exceeds that cost. Since ISP's would have to"mark up"that figure to cover their costs for actually providing account,mail and all services except the"connection,"AFN is probably assuming that ISP's would add tack a$20 or more monthly surcharge to produce a total monthly rate approximately equivalent to AFN's$45 own monthly rate. 4 West Digital Subscriber Line (DSL) service) and price sensitivity to increased speed. Several hundred JEFFNET members responded. The findings are strikingly at odds with AFN's pro forma projections. Given the understanding that such service would be more expensive than existing JEFFNET service, fewer than 4% of JEFFNET's Ashland members expressed an interest in ordering high- speed service of a type and at the price proposed by AFN in its proposal. Of equal importance, 16% of Ashland's JEFFNET members indicated an interest in AFN but their responses to "price sensitivity" questions revealed that the vast majority would be willing to increase their maximum cost to no more than $30 per month(whereas AFN's financial projections were based upon a $45 monthly yield per subscriber). Since the JEFFNET survey questioned members about two different high speed options (US West's DSL and AFN's system), some members indicated differing preferences between the two by, for example, responding to the affirmative DSL question but not the affirmative AFN question. Thus, it is the very high negatives (in which the respondent indicated that they would not convert to high speed and were content with existing dial-in speeds and pricing) which are striking. Of Ashland residents on JEFFNET, 91% flatly rejected US West's DSL option and 57% flatly rejected AFN's. It should be noted that the lower rejection rate for AFN included respondents who were willing to entertain acceptance of AFN conceptually. The actual percentage who accepted AFN's pricing was just 4%. A key consideration is that JEFFNET's findings suggest that commercial/business users are by far the strongest proponents of high-speed service. This finding is strongly supported by public testimony at the City Council's March 17 public hearing in which commercial interests predominantly testified in favor of AFN's construction. JEFFNET's analysis also concludes that businesses are also much more willing to pay the higher pricing which high-speed service contemplates. Yet, 90% of AFN's predicted Internet revenues are predicated upon residential Internet clientele—the market segment which reports very strong price resistance and only moderate interest in high speed service. It is possible that a more highly priced commercial rate structure could partially replace unrealized residential revenue but the revenue shortfall would still likely be striking given the huge disparity between the sizes of the business and residential customer bases and the inability to raise business prices high enough to substantially replace lost residential income. Perhaps most striking is that this survey represents the "early adopters"who AFN targets as its primary clientele. Many respondents added comments which included: • "1 just use the Internet for email and wouldn't really benefit from this speed. " • "Added speed would be nice but I'm not willing to spend that much money to achieve it. " • "My home computer is a 486133 and 1 would have to buy a new computer to really benefit from the speed. I'm don't want to make that kind of investment. " 5 Thus, it seems clear that AFN's pro forma were erroneously based upon the following misunderstandings: • By 2003 approximately 75%of all Ashland households would have Internet accounts (up from 37%) • Of this number only 11% of Ashland households would choose to use non-AFN or non- Ashland Internet Service Providers. AOL, MSN and all other non-local services would capture only 11% of the Ashland market. • Of the 64% of Ashland households who were neither using the Internet nor using a non-local provider, AFN would capture 20%of the market and the remaining local providers would capture 80%. • Not only is the AFN/Ashland-provider market share unrealistically high, but it ignores the fact that AFN predicts its service would cost 2 %: times more (or $45 per month) than the non-local providers AFN believes will capture only 11% of the market. The 80% share predicted for other Ashland-based providers also is predicted despite AFN's anticipation these prices will also be substantially higher than the dial-in rates posted by lower cost services (including JEFFNET). Falcon Cable TV, in a financial analysis of AFN, predicts the result of these inflated market penetration estimates to be an overestimation of revenue over the first five years by AFN of $4,961,000. JPR does not necessarily support that precise number but it is our conclusion that the order of magnitude of the City's erroneous revenue estimates for AFN Internet services are more than 50% overstated and the shortfall is reasonably captured by Falcon's estimate. AFN could redress the penetration imbalance by substantially reducing its pricing but a 50% price reduction would still produce a 50%revenue reduction. Internet Service Policy-Related Issues: The City has not appropriately analyzed important policy issues which could affect AFN's viability. For example, citizens feel comfortable in the federal government's role in transporting first class mail but would probably think twice about asking a federal agency to store and process the contents of those envelopes the US Postal Service now handles. Yet, an AFN Internet service would place AFN in the role of handling email for account holders and storing those messages on municipally owned and serviced servers. While the Electronic Privacy Act protects email handled by private ISP's, there is no case law to indicate how a government agency (such as AFN) could/would respond to a subpoena or "freedom of information"type request for disclose of records contained on a municipally-owned system. Businesses, which are seen as projected AFN clientele, might well ask under what circumstances information about their correspondence or web traffic might be required to be made available to another government agency, such as the IRS, in a manner which differs from the control which the IRS might assert over a private ISP's records. These are only a few examples which suggest that the City should carefully consider, and which prospective clientele would eventually seek to evaluate, which could affect AFN's penetration 6 rates and financial success. Cable Television Service AFN acknowledges in the pro forma that its proposed CATV business faces several challenges: • The existing CATV operator is generally seen as doing a good job by its subscribers • CATV is a price sensitive business and price advantage is the only significant factor which seems likely to stimulate subscribers of the existing franchisee to switch to AFN • Overbuilt CATV situations rarely produce a significant"winner" and generally result in sharing of the market To counter these realities AFN cites the following factors: • AFN's plant would be technically superior by virtue of its design and digital nature • AFN would offer its service at a lower rate than the existing franchisee • AFN would benefit from association with the City of Ashland's Electrical Department's reputation for reliable service • AFN would compete effectively with the existing franchisee by benefiting from the City's highly efficient labor force/structure JPR has made no significant attempt to assess AFN's projected expenses associated with CATV beyond noting that the City of Ashland has committed that AFN would not benefit from cross- subsidization by other City departments (including the Electrical Department). In that regard we note that AFN does not include charges within its expense budget for some services such as billing which are apparently to be handled by the Electric Department as part of its routine operation. Adherence to the cross-subsidization policy requires that AFN charge itself for all routine operating aspects of its business which are performed by other City departments. We do question several of the City's assumptions about its competitive advantages in the CATV discussion. 1. Regarding AFN's superior design, most of what has been asserted is little more than techno- babble. AFN may well possess design superiority which would create a competitive advantage for AFN over the existing franchisee but nothing has been provided to establish that. JPR asked AFN to provide either a written explanation of the purported advantage or a simple drawing of the AFN structure in which the functional elements which provided these advantages were noted. Unfortunately,the City staff declined to provide that information. Some of the City's statements about its technical superiority over the existing franchisee's plant have consisted of statements that the latter's plant was not bi-directional and/or would be too expensive to convert to bi-directionality—assertions which are hotly contested by the franchisee. This is a questionable approach on AFN's part. AFN is not necessarily in a position to be well-acquainted with the existing franchisee's plant and is less in a position to know that company's capital and programmatic plans. Indeed, since that system is being 7 sold, AFN is even less privy to the plans which the new owner might be making. Moreover, it seems to have clearly caused an acceleration of bi-directionality and other upgrade planning on the part of the existing franchisee such that it seems possible that the latter could be offering some of the services which AFN proposes to newly market and to do so before AFN initiates operation. 2. AFN has projected CATV rates which are indeed lower than the existing franchisee's.' However, it is unclear whether AFN could indeed deliver service at that rate since that rate structure assumes a very high degree of penetration (capturing half of the existing franchisee's market in the first year). More important, it assumes that the existing franchisee would not match AFN's rates.' We think that is an entirely too comfortable and unwarranted assumption. TCI has already indicated that it would match AFN's rate, if AFN was indeed able to post a lower rate than TCI, and we see no reason why they would not do so. Were TCI to match a lower AFN rate it would withdraw from AFN the largest single factor which AFN has identified in the pro forma as necessary to successfully compete with TCI. Moreover, a large national operator has an entire nation of subscribers who can subsidize short term operating losses on the Ashland TCI operation. AFN has no such luxury. The City of Ashland seems unduly naYve in this price discussion. Competitors match their lowest competitors pricing if they wish to stay in business. This is true in"gas wars" and it is true in airline ticket pricing—the latter being an example which the City of Ashland would be particularly well-advised to more fully consider. It is unrealistic to assume that AFN would capture 50% of the market in one year and Falcon's market analysis, which makes that same point, seems sound. 3. The City has repeatedly indicated that it would benefit from "efficiency" in operation which would allow AFN to successfully compete with TCL We are puzzled by this argument. The salaries for AFN staff identified in the pro forma are no lower, and in some instances reasonably higher,than we observe in comparable private industry settings. Since the City has committed that there will be no cross-subsidization of AFN from other City departments, the only manner in which efficiency can be achieved is by operating with fewer staff than a comparable private operator and achieving higher staff productivity levels. While it may well be untrue, it is nevertheless a popularly held view that government agencies do NOT achieve productivity levels which are comparable to private industry. To the degree that AFN actually would operate in an unusually efficient, highly productive manner, the City of Ashland has an important opportunity to clearly demonstrate that such is the case. Doing so would strengthen the perceived feasibility of AFN and help correct such public misperceptions. However, AFN has not identified the nature of the efficiencies upon which it is relying, or even demonstrated their existence, in the pro forma and that is a serious omission. 'AFN predicts initial rates of$8.82 for Basic,$23.50 for Expanded Basic and$33.50 for Expanded Basic Plus Premium service. With an added charge of$3.00 for rental of Analog Cable Boxes,Expanded Basic service would be$26.50 compared for approximately$33 for comparable service from the existing franchisee. At the March 17 hearing one member of the City Council indicated a lack of concern that TCl would lower its rate to match AFN's because"it would look bad in front of the rest of the Rogue Valley." 8 4. Premium Service Penetration: Falcon has argued in its financial analysis of AFN that AFN has projected far too high a penetration for premium and Pay-Per-View services and consequently overstated revenue in those areas.' AFN predicts that 90%of the Basic subscribers will select Premium service which seems an extraordinarily high number. Falcon estimates a more conservative 69%rate which would more prudent for purposes of projecting AFN's financial future. AFN appears to be operating upon the assumption that if it posts lower basic rates than TCI (which remains to be seen) that more customers will select a large menu of services and continue to spend the same amount than they currently spend on TCI or even more (for more service). This seems a dangerous assumption. To the degree that the most significant negative research finding about TCI was that their service was too expensive, one could (and perhaps should) interpret that to mean"They have reached the ceiling of what I am willing to pay each month for cable"rather than openness to flexibility in the service-for-cost equation. There seems a substantial likelihood that, if AFN could post a lower monthly rate which TCI did not match, that many AFN subscribers would be pleased to lower their monthly bill and would NOT elect premium services at near the rate which AFN is predicting. 5. Decoder Box Revenue: AFN has predicted significant rental income from analog and digital decoder boxes. Falcon has observed that many Basic and Expanded Basic customers do not need such boxes because "cable ready"TV's are now the norm. Where AFN has predicted a 100%penetration for such rentals, Falcon suggests that the real penetration would be 75% and we find this argument persuasive. Given all these factors, Falcon predicts AFN has over-projected revenue and the argument seems reasonable to us. Premium Service Penetration 5 —year shortfall $438,000 Decoder Box Rental 5 —year shortfall $ 303,000 TOTAL 5-YEAR REVENUE SHORTFALL $ 738,000 Cable Television Policy-Related Issues: Because the City Council's members readily admit to virtually no understanding of the technical issues involved in AFN, they are apparently unable to begin formulating—lot less answering—important policy-related questions generated by this proposal which could substantially affect AFN's feasibility. Because AFN has received little public discussion, many such questions also have yet to dawn upon citizens. For example, would AFN relay a full-spectrum of cable programming (including "adult" and religious channels)? If so, to what degree does offering"adult"programming on a municipally owned system undermine the role in which government should be seen in a community? In the legal area, if AFN relayed religious programming how would the City answer a First 'Falcon also notes that AFN predicts that 98%of its CATV subscribers will select Expanded Basic service while TO has experienced only an 83%rate. Falcon observes that,since the products are comparable,there is no reason to assume that AFN would achieve a higher Expanded Basic rate than TCI enjoys. 9 Amendment lawsuit challenging the City's having breached church-state separation? Conclusion: The communications world has been undergoing tumultuous change for the past decade. Fueled by significant changes in government regulatory policy, rapidly emerging computer and distribution technology and a rapidly evolving change in media/information consumption use patterns by society, businesses engaged in these fields are on a wild and woolly ride. No one can predict the eventual service outcomes or financing patterns which will result or who will prove to be the successful players in this new world. When JPR first began operating JEFFNET it was an internal joke that it was necessary to redesign and recapitalize JEFFNET very six months—but it wasn't really a joke; it was true. If anything has changed over the last four years it is that the length of each series in that evolution may now be closer to twelve months than six months. But the"churn"continues and could visit competitive capitalization costs upon AFN or make partially moot the technology upon which AFN predicates much of its projected revenue. While the Cable Television business is older and somewhat less volatile, it is not demonstrably different. CATV continues to be characterized by rapid and expensive technological conversion, merger mania and far more sluggish viewer interest in higher profit"premium" services than CATV originally predicted and has always needed (which is why CATV is entering the Internet field). Investors in these enterprises are routinely cautioned to view investments as risky venture capital and not to invest what they can't afford to lose. Most companies which engage in these fields tend to be very large and able to both integrate such operations into corollary information businesses, spread operating losses over different corporate divisions utilizing cash flows from other operations to handle continuing recapitalization needs. Almost all such companies are investor owned and thus possess the ability to both generate needed capital as well as allocate and spread the financial risk to willing stockholders. Smaller mom-and-pop operators tend to be in the business of`waiting to sell' out to one of the larger 800-pound gorillas.' Because of the enormous volatility of this field, virtually no business in the Internet world bases its revenue assumptions—or even the certainty that it will remain in these businesses—over a term consistent with the proposed bonding tern of the AFN,unless you're Microsoft. It is against this backdrop the City of Ashland has designed an expensive, long-term system and proposes entering a highly competitive operating environment based upon: • A belief, or sense of mission, that such a step is intriguing and philosophically desirable • A financial analysis which is—by the City of Ashland's own admission—inaccurate. The AFN published pro forma contemplates operating losses in the first two years of over $1.1 million in addition to the system's capital construction costs. In other words, the City proposes to borrow$4.2 million and spend more than 25% of those funds to operate at a loss in the first 6 In that regard it is interesting to note that,while it retained its local name,Infostructure was purchased some months ago by one of the nation's largest ISP's, Internet Ventures Inc.of San Francisco. That same company also recently purchased MedfordNet which also kept its local name. 10 two years in anticipation of turning its operating businesses into a profitable mode in following years in order to repay those loans. In a business as competitive and risky as these, one can hardly afford to gamble with the public's long-term credit and funding on such a proposal without highly reliable financial forecasts upon which to premise an eventual positive financial result.' The forecasts which might inspire such confidence have yet to be provided the public. Specifically, the public should be provided the answers to questions such as: • Why does it make sense to amortize bonds for one or two decades for a technological investment which may be replaced before the bonds mature? • In what businesses would the City engage, with whom would it compete and on what grounds? • How does the City believe public respect for, and confidence in, government might be affected to the degree the City engaged in dissemination of"adult" channels commonly found on cable television? Would the City offer such programming? • Would AFN carry religious programming on its proposed cable television system? If so, how would the City answer the charge that doing so violated Constitutional church-state separation requirements? • How might the City's operation of municipally owned servers for an Internet business conflict with the desire for access by government agencies to contents of personal or business email or Web surfing addresses of clients of the City's Internet service? Would a municipally owned Internet service have affirmative obligations to cooperate in providing information to other government agencies (such as the IRS) which differ from the obligations a private Internet service might experience?How might sensitivity over these points affect the market penetration and financial success of AFN's proposed Internet ventures? • Some private citizens have asserted that the City cannot undertake the operation of AFN without a ratifying vote of the people and the City's charter appears to support such a view. What authority does the City cite to suggest otherwise? • Even if AFN could legally be constructed without a vote of the people, why does the City believe it is desirable to proceed without a popular authorization to commit $4.2 million in bond indebtedness and other corollary liabilities? The City of Ashland's public hearing on the AFN was conducted in light of financial projections which the City Council itself acknowledged to be erroneous. To the degree changes are being made to the pro forma and the AFN operational plan has been modified, the City of Ashland should plainly communicate the details of AFN's new plan so that citizens can determine this project's appropriateness and value. 'AFN's published pro forma acknowledges some element of risk and indicates that one of its strategies for guarding against risk is to"share the risk with other business partners." However,the pro forma does not in any way indicate that such partners—who are willing to accept financial risk—exist and the City has never publicly suggested that such partners exist or even been solicited. City Council Communication May 29, 1998 SUBMITTED BY: Jill Tumer y, APPROVED BY: PBUI Nolte oL- APPROVED BY: Mike Freem TITLE: Ordinance Levying Taxes in the amount of$5,359,000.00 for the period of July 1, 1998 through and including June 30, 1999. SYNOPSIS: This ordinance levies Property Taxes in the amount of$5,359,000, the estimated tax rate is $4.9560. This is a decrease of$9,362 over the 1997-98 budget. RECOMMENDATION: The Budget Committee and the Staff recommends the passage of the attached ordinance. BACKGROUND INFORMATION: Property Taxes account for 19.97% of the General Fund Resources and 68.61% of the Parks and Recreation Fund Resources. Annually the Council is asked to adopt a property tax levy to support the functions and operations as specified in the ordinance. Ordinances are effective thirty days after the second reading . An emergency clause has been added to this ordinance to assure legal compliance with a required effective date of July 1, 1998. Normally Ordinances are effective 30 days after the second reading which would be July 16 th. GABUDGETNOrds&Fe Iutioukmwil to levy.wpd ORDINANCE NO. AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1, 1998 TO AND INCLUDING JUNE 30, 1999, SUCH TAXES IN THE SUM OF $5,359,000.00 UPON ALL THE REAL AND PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in the adopted budget in the aggregate amount of$5,359,000.00 and that these taxes are hereby levied upon the assessed value for the fiscal year starting July 1, 1998, on all taxable property within the City. Section 2. That the City Council hereby declares that the taxes so levied are applicable to the following funds: Section 3. Inasmuch as it is necessary to provide authorization to levy and collect taxes in a timely manner, it is deemed necessary that an emergency be declared to exist, and this ordinance shall be in full force and effect from and after its passage by the Council and approval by the Mayor. Permanent Rate Local Option Bonded Debt General Fund $ 1,583,000.00 Parks and Recreation Fund 2,458,000.00 Youth Activities Levy $ 1,100,000.00 1982 Water Bond Levy $ 53,000.00 1992 Water Bond Levy 50,000.00 1997 Flood Restoration Bond Levy 115,000.00 $ 4,041,000.00 $ 1,100,000.00 $ 218,000.00 The foregoing ordinance was read in full on this_day of June, 1998, and then by title only on this day of June, 1998, in accordance with Article X, Section 2(B)of the City Charter and duly PASSED and ADOPTED. Barbara Christensen, City Recorder SIGNED and APPROVED this_day of June, 1998. Catherine M. Shaw, Mayor Re d as to or GABUDGET\Ords&Resolutions\Tex Ord 98.wpd City Council Communication May 28, 1998 SUBMITTED BY: Jill Tumer APPROVED BY: Paul NDIt a APPROVED BY: Mike Free TITLE: Resolution Adopting the 1998-99 Budget and making Appropriations. SYNOPSIS: The budget is submitted to the City Council for adoption in a format consistent with prior years. RECOMMENDATION: The Budget Committee and the Staff recommend the passage of the attached resolution. BACKGROUND INFORMATION: The combined total for all funds is $69,816,000, which is an increase of$2,764,000 or 7.36 percent over the current year. This increase is almost entirely due to the anticipated construction of the new Wastewater Treatment Plant, and the Telecommunications Fiber Network. The Budget committee reduced the staff proposed budget by $2.7 million and reduced the property tax levy by $100,000. The minutes of the May 6, 1998, Budget Committee meeting are attached for your review. G:XBUDGEITOr&&Rmludw%w ncil budget adoommo RESOLUTION ADOPTING BUDGET RESOLUTION NO.98- A RESOLUTION ADOPTING THE ANNUAL BUDGET AND MAKING APPROPRIATIONS BE IT RESOLVED that the Ashland City Council hereby adopts the 1998-99 Fiscal Year Budget, now on file in the office of the City Recorder. BE IT FURTHER RESOLVED, that the amounts for the fiscal year beginning July 1, 1998, and for the purposes shown below are hereby appropriated as follows: GENERALFUND Social Services $ 88,000 Economic Development 260,000 Miscellaneous 90,000 Debt Service 71,000 Transfers 1,000 Contingency 215,500 Police Department 2,607,000 Municipal Court Division 205,000 Communications Division 455,000 Fire and Rescue Department 2,055,000 Senior Program 131,000 Planning Division 582,500 Building Division 378,000 Cemetery Division 289,000 Band 50,000 TOTAL GENERAL FUND 7,478,000 CEMETERY FUND Transfers 191,000 BAND FUND Transfers 87,000 COMMUNITY DEVELOPMENT BLOCK GRANT Personnel Services 43,000 Materials and Services 476,000 Capital Outlay 22,000 Contingency 0 TOTAL CDBG FUND 541,000 AIRPORT FUND Personnel Services 1,000 Materials and Services 77,000 Contingency 10,000 TOTAL AIRPORT FUND 88,000 227 RESOLUTION ADOPTING BUDGET STREET FUND Personnel Services 579,000 Materials and Services 1,035,000 Capital Outlay 670,000 Debt Service 3,000 Transfers 80,000 Contingency 157,000 TOTAL STREET FUND 2,524,000 CAPITAL IMPROVEMENTS FUND Personnel Services 1,000 Materials and Services 81,000 Capital Outlay 2,451,000 Transfers 335,000 Contingency 200,000 TOTAL CAPITAL IMPROVEMENTS 3,068,000 BANCROFT BOND FUND Debt Service 274,000 Transfers 40,000 TOTAL BANCROFT BOND FUND 314,000 GENERAL BOND FUND Debt Service 505,000 DEBT SERVICE FUND Debt Service 431,000 AMBULANCEFUND Personnel Services 181,000 Materials and Services 477,000 Capital Outlay 31,000 Transfers 15,000 Contingency 48,000 TOTAL AMBULANCE FUND 752,000 WATER FUND Forest Lands Management Division 100,000 Water Division 3,211,000 Debt Services 336,000 Transfers 255,000 Contingency 650,000 Conservation Division 99,000 TOTAL WATER FUND 4,651,000 WASTEWATER FUND Personnel Services 507,000 Materials and Services 968,000 Capital Outlay 8,920,000 Contingency 1,000,000 TOTAL WASTEWATER FUND 11,395,000 227 RESOLUTION ADOPTING BUDGET ELECTRIC FUND Conservation Division 383,000 Electric Division 7,151,000 Telecommunications Division 3,570,000 Debt Service 50,000 Transfers 233,000 Contingency 500,000 TOTAL ELECTRIC FUND 11,887,000 CENTRAL SERVICES FUND Administrative Department 706,000 Finance Department 917,000 City Recorder Division 117,000 Public Works Department 783,000 Computer Services Division 329,000 Contingency 46,000 TOTAL CENTRAL SERVICES FUND 2,898,000 INSURANCE SERVICES FUND Personnel Services 15,000 Materials and Services 555,000 Transfers 300,000 Contingency 300,000 TOTAL INSURANCE SERVICES FUND 1,170,000 EQUIPMENT FUND Personnel Services 291,000 Materials and Services 496,000 Capital Outlay 1,218,000 Contingency 260,000 TOTAL EQUIPMENT FUND 2,265,000 CEMETERY TRUST FUND Transfers 41,000 PARKS AND RECREATION FUND Parks Division 3,159,000 Debt Service 4,000 Transfers 105,000 Contingency 30,000 Recreation Division 311,000 TOTAL PARKS AND RECREATION FUND 3,609,000 RECREATION SERIAL LEVY FUND Transfers 1,000 ASHLAND YOUTH ACTIVITIES LEVY FUND Personnel Services 60,000 Materials and Services 1,000,000 Transfers 20,000 Contingency 5,000 TOTAL ASHLAND YOUTH ACTIVITIES LEVY FUND 1,085,000 227 RESOLUTION ADOPTING BUDGET PARKS CAPITAL IMPROVEMENTS FUND Capital Outlay 250,000 GOLF COURSE FUND Personnel Services 116,000 Materials and Services 219,000 Capital Outlay 70,000 Debt Service 18,000 Contingency 11,000 TOTAL GOLF COURSE FUND 434,000 TOTAL APPROPRIATIONS $ 55,665,000 This Resolution was READ BY TITLE ONLY and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on this_day of June, 1998. Barbara Christensen, City Recorder Signed and Approved on this_day of June, 1998. Catherine M. Shaw, Mayor Approved as to form: Paul Nol e, Ci 227 Budget Committee Minutes May 6, 1998 7:00 p.m. Council Chambers Committee Members present were: Martin Levine, Budget Committee Chair, Mayor Cathy Shaw, Alan DeBoer, Ken Hagen, Steve Hauck, Don Laws, Jim Moore, Richard Nichols, Susan Reid, Regina Stepahin, Richard Trout, Carole Wheeldon, and David Williams. Absent was: Cate Hartzell. Staff members present were: Paula Brown, Patrick Caldwell, Barbara Christensen, Scott Fleuter, Mike Freeman, Linda Hoggatt, Karen Huckins, Pete Lovrovich, Ken Mickelsen, Paul Nolte, Greg Scoles, Jill Turner, Keith Woodley, and Jennifer Meadows. The meeting was called to order at 7:07 p.m. by Martin Levine. 1. Public Input Sid Field of 525 Tucker Street spoke of his concerns regarding carryovers. He stated that he thought there should be more communication between staff and the committees charged with approving budgets. He expressed concern that department staff are not setting prudent budgets and are spending lavishly. Lastly, he spoke of the fiber optics issue. He said that if there are any risks, private businesses, not taxpayers should take them. Ron Kramer of Jefferson Public Radio spoke of JPR's interests in the fiber optic network. There seems to be some confusion of the status of the approval of the network, even among City Council members who were unsure if it would be decided by the Budget Committee along with the budget as a whole or if there would be further hearings. He stated that there didn't seem to be much information available to the public about how much money, if any, would need to be borrowed. He felt that the analyses of the intemet aspect of the network and, to some degree, the cable television aspect, were in error. He still doesn't feel that he has enough data to make an informed opinion on the process. He hopes that the issue will go back to City Council for discussion. Mike Dewey of the Oregon Cable Television Association in Salem. He expressed concern about the cable television aspect of the network. He spoke to give the Committee realistic numbers regarding the cable television business. The OCTA has hired Dave Hiatt of Moss Adams, CPAs to perform an analysis of the industry. Trout asked what the OCTA's interest was in this situation. Dewey responded that they want the City to start this enterprise with factual information. Mayor Shaw asked how much money TCI/Falcon and OCTA have invested in hiring a CPA firm and presenting this information. Dave Hiatt of Moss Adams spoke to the Committee and distributed a handout of his analysis. He reviewed the City of Ashland's financial information and compared it to the actual business application and found they did not match. The cable market survey indicated 68 percent of the City's,population subscribe to cable, later in the plan this number is changed to 87 percent or 8,000. The actual number is a little over 4,700. The financial plan states that there is price-driven motivation to switch to AFN, but the information given in the plan shows that there will be a price increase, not conducive to a subscriber increase. This information is detailed in the handout. He believes the cash flow is overstated by $4 million. There is also no mention in the plan how the predicted deficit will be handled. Hiatt recommended not proceeding unless the City issues a bond of at least $3-5 million more than stated. Budget Committee Minutes 5/6/98 Doug Schmor, attorney on behalf of TCI Cablevision spoke of the March 17 minutes in which the Turner stated that fiber optic revenues were overstated. Given the current state of the numbers, he suggested that there was no way the fiber optic budget go forward since the numbers were admittedly inaccurate. There have been statements made in the media that the City came to TCI to work with on this process. TCI denies that any meetings have taken place, but they are willing to cooperate with the City. He feels that it is pre-mature and inappropriate to pass the fiber budget at this time. Nolte said that the City Charter states that public utilities (including heat, light, sewer, and water) may be voted on by the public. Telecommunications has never been defined as a utility, nor has the internet. There is nothing historically or legally to lead him to believe that telecommunications is a public utility. He is convinced that the Charter does not require a vote of the people for telecommunications. Nichols asked if a budget-is adopted by the Council, if it is required that the projects therein be completed. Nolte responded that often projected revenues or expenditures do not occur and projects are therefore halted. Levine asked if the Budget Committee could pass a budget subject to conditions. Nolte said that he believed there would need to be further meetings and a supplemental budget. Trout stated that the decisions regarding the fiber optic network budget were made in public, not in a vacuum or by staff, and the City Council, not the Budget Committee is responsible for final approval of the budget. Laws stated that there will be more points in which the Council will glean more information before making a final decision regarding approval of the fiber optic network budget. Both points will be open to the public. Williams stated that he thought it was up to the Committee to put the funds in the budget tonight, and leaving it to the Council to proceed. Levine stated that the function of the Budget Committee is to advise the Council based on information provided to the subcommittees and the Committee as a whole. Trout stated that whatever the Committee recommends, the Council cannot alter by more than 10 percent. Shaw stated that there is also an $8 million expenditure in this year's budget for the Wastewater Treatment Plant upgrade that has never gone before the people and that the Council does not yet know how much it will finally cost, to date $24 million. This has been approved every year for the past 6 years. She suggests that if part of the budget were to be held up, perhaps it should be the Wastewater Treatment Plant. She reminded the Committee that part of the fiber network is an upgrade to the City's electric utility, internet access and cable television aside. Moore stated that the input by the citizens tonight would be considered by the Council, and that he felt it was not for the Committee to finally decide. Laws stated that the Budget Committee members had to feel comfortable in casting their votes for recommendations to the City Council. Nichols stated that the Wastewater Treatment Plant has been discussed a great deal while the fiber optic network has not had nearly the exposure. He noted the irony of putting fire station improvements, which cannot be denied the public, is put to a public vote, while a Budget Committee Minutes 5/6/98 Page 2 purely arbitrary project like the network can go forward with no public approval. Shaw stated her agreement with this comment and that it bothered her very much. She would prefer to fund ventures with revenues and not property taxes. Reid asked the staff to respond to these discussions. Freeman stated that at the last public hearing on the network, staff received a number of comments. Council asked to establish two committees: one to oversee the technical aspects of the project; the second to oversee the overall function of the network. These are being formed and preparing to meet. R. W. Beck, the City's electric utility consultant, hopes to have information back next week regarding the valid comments and concerns. Freeman addressed concerns about public risk in this enterprise. He stated that the financial plan is sound, while there will likely be some changes. Reid asked if it is common for local school districts and colleges to drive the local utilities to provide these services. Lovrovich responded that he recently spoke with three communities where this is the case. He addressed the comments, including the fact that most were not from citizens, but were from cable industry employees. He spoke to Field's concern of lavish departmental spending for vehicles, etc., and stated that there are currently line trucks that are 14 years old, approximately twice the normal life for such vehicles. He stated that providing infrastructure and services is part of the City's duty to its citizens; the City is not embarking on this venture purely for competition. He spoke to Kramer's concerns about not having enough information and stated that this is an entirely new service, it's not like anything JPR has worked with before. There is a learning curve involved, so he may not understand it right away. Lovrovich addressed Hiatt's comments regarding the financial plan. He also stated that Brian Almquist met with Dan Bickford of TCI regarding the City's plans and this was published in the Mail Tribune. Levine asked Hiatt if he would finish his report if Lovrovich provided him with this information, and he responded that he would. Trout stated that since there will be future meetings, and there are committees in place that he feels this should be left to the Council and the Budget Committee should move on with the agenda. Wheeldon stated that in the April 1 meeting Lovrovich was very forthcoming with information and she felt very confident in the staff proceeding. Williams stated that he noticed discrepancies between the Electric Department's business plan and the City Budget. Shaw stated that it is the Budget Committee's responsibility to recommend the budget for approval and the City Council's responsibility to approve the business plan. 2. Staff Report on Fund Balances Shaw suggested that staff revisit policy objectives and reconvene the Budget Committee in 60 days. Levine prepared and distributed a re-cap of the fund balance summary prepared by staff. Freeman and Turner answered questions regarding their handout. Budget Committee Minutes 5/6/98 Page 3 Levine pointed out that the handout suggested moving $783,000 when there was only $683,000 available. Freeman replied that the other $100,000 from the Water Fund was initially marked for property tax relief. Turner went through each item on page 2 of the handout. Wheeldon asked about the shortfalls of$82,000 in the Street Fund, $60,000 in the General Fund, etc. She requested that the money lent for the bikepath improvements be paid back. Trout asked about the property tax reduction, if the Water Fund was the only property tax reduction available. Freeman and Turner responded yes. Trout asked if the total tax rate is dropping. Turner responded that City property taxes should be nearly identical to last year's. Nichols asked for clarification of borrowing for the fiber optic network plan on page six of the handout. Turner stated that these figures will only be reduced as needed. Trout stated that he was still bothered that the Committee is spending more money. Shaw responded that the Committee is attempting to spend some of the City's savings to meet the Council's goals. Laws asked about the $450,000 in the fire station budget. Freeman responded that there are a couple of options open. One is to option property that the City may want to purchase for fire station construction and reserve the remainder of the monies for construction. Brown spoke on the Transportation Plan. She looked at specific transportation projects. On the list is Union Street, Granite Street to Glenview Drive, and Walnut Street. Tolman Creek Road and Clay Street are both very large projects that would eat up too much of the budget and may have county participation. Hauck moved to approve the staffs recommendations as summarized below; Reid seconded. Summary Recommendation New Funds Available Property Tax Relief 100,000 Funds for Transportation 233,000 Funds for Fire Station Construction 450,000 Total New Funds Available $783,000 Remove Fire Stations from Budget ($3,800,000) Nichols asked Turner about the $580,000 received after the 1997-98 budget was approved; was it included in the Working Capital Carryover in the 1998-99 budget? Turner responded yes. This is a one-time windfall and Turner does not expect it to reoccur. Nichols asked why the City is contemplating a $100,000 tax reduction when it does not provide predictability to the taxpayers; the needs are going to exist next year and he thinks it's unfair to reduce taxes one year only to increase them the next. Trout stated that he thought any reduction would be Budget Committee Minutes 5/6/98 Page 4 important to taxpayers. DeBoer urged to keep taxes as close as possible to last year's rates. Levine stated the City might get more "bang for the buck" by giving a property tax reduction. Ayes all, so moved. Laws moved to amend the motion to approve the staff recommendations with the exception of the $100,000 property tax reduction; Shaw seconded. Laws, Hagen, Shaw, Wheeldon, Stepahin, and Nichols, in favor; Reid, Williams, Hauck, Levine, Trout, DeBoer, and Moore opposed. Motion did not pass. 3. Approval of Budget Committee and Subcommittee Minutes 2/12/98 Budget Committee (no changes) 3/12/98 Social Services/CDBG (allocations on page 7) 3/19/98 Budget Committee (no changes) 3/31/98 Social Services/CDBG (Youthworks' Carryover*is $210,000) 3/31/98 Budget Committee (no changes) 4/1/98 Electric & Community Development (Affordable Housing $500) 4/2/98 Public Safety (no changes) 4/2/98 Economic & Cultural Development (allocations on page 5) 4/7/98 Central Services (Affordable Housing & combine Cemetery, Band, and General Funds) 4/9/98 Public Works (Airport - contingency and EQ fund) 4/16/98 Budget Committee Conflicts: Hauck — Social Services, Laws — Central Services, Senior Program, Levine — Economic and Cultural Development, and Wheeldon — Economic and Cultural Development. February 12 - Budget Committee - No proposed changes. Wheeldon moved to approve the minutes; Nichols seconded. Ayes all, so moved. March 12 - Social Services/CDBG allocations - Wheeldon made a couple of clarifications. Laws moved to approve the minutes; Wheeldon seconded. DeBoer moved to accept the minutes with the addition of$1,000 to the Salvation Army from the General Fund; Trout seconded. Laws said he thought it was late in the process to reach deeper into the pot. Reid, Trout, DeBoer, Nichols, and Moore in favor. All others opposed. Amendment did not pass. On the original motion to accept the minutes ayes all, so moved. March 19 - Budget Committee - No proposed changes. Shaw moved to approve the minutes; Hauck seconded. Ayes all, so moved. March 31 - Social Services/CDBG - Hauck asked for a couple of clarifications. Hauck moved to approve the minutes; DeBoer seconded. Ayes all, so moved. DeBoer abstained. March 31 - Budget Committee - No proposed changes. Laws moved to approve with amended language in paragraph on page 3; Shaw seconded. Ayes all, so moved. April 1 - Electric Department/Community Development- Recommendation to add $500 for the Housing Commission in the Planning Budget from the Contingency Fund. Stepahin Budget Committee Minutes 5/6/98 Page 5 pointed out that she attended but was not a member of the subcommittee. Hauck moved to approve the minutes; Reid seconded. Reid, Laws, Hauck, Hagen, Shaw, Wheeldon, Stepahin, Trout, and DeBoer in favor; Levine, Williams, Moore, and Nichols opposed, so moved. April 2 - Public Safety - No proposed changes. DeBoer and Shaw feel the Ambulance Fund should more accurately reflect its actual and incremental costs. Shaw moved to approve the minutes; Reid seconded. Ayes all, so moved. Shaw moved to extend the meeting past 10:00; Hagen seconded. Ayes all, so moved. April 2- Economic & Cultural Development Grant allocations - Stepahin restated the minutes on page 6*to say that$3,000 would in effect double last year's allocation. Trout moved to approve the minutes; Shaw seconded. Ayes all, so moved. April 7 - Central Services -Affordable Housing and combine Cemetery, Band, and General Funds. Moore moved to approve the minutes; Nichols seconded. Ayes all but Shaw who opposed, so moved. April 9 - Public Works -Airport contingency and EQ fund. Shaw moved to approve the minutes; Wheeldon seconded. Ayes all, so moved. April 16 - Budget Committee - Corrections: Hauck and Trout voted in favor of first motion on page 3. Hauck wanted the minutes to reflect his statement on page 1 to say that ". . .the total budget minus the fire station improvements and the fiber optic network . . ." Williams corrected his quote on page 2 to read, 'Williams distributed a spreadsheet which showed 'why people could be concerned' about property taxes." Laws moved to approve the minutes as amended; Trout seconded. Ayes all, so moved. 4. Recommend to City Council the Approval of Budget Appropriations as amended Shaw moved to adopt described property tax amount levied as outlined in the proposal; Hauck seconded. Ayes all, so moved. 5. Recommend to City Council the Property Tax Levy as amended Shaw moved to recommend the property tax levy as presented; Moore seconded. Ayes all, so moved. 6. Wrap-up - Debriefing There was none. Meeting adjourned at 10:16 p.m. Budget Committee Minutes 5/6/98 Page 6 CL oe CIL U) ———— — — — — — — —— — — — — — — — — — — — — — — — W LU c 0 0: W 0. a. J a it ca co 0 ui 0 :om" w w 0 0 It X. I w w w w 0 U) 0 111 w III III III CL a) X w w Of w w U) - - - - - - - - - - - - - Tl 0 0 >1 - - - -- - - -- - g�, EL 0. 0 0 it K 0 CL EL o a. a Q w 0 EL o Wave QwomL) EL col E E CL 0- 16 -2 cc 'Vi LL E E U E 2 -E 0 C , z LL 0 2 0 0 CD ?, 0) w > LM 0 a E oa, E 'aL 0 Z 0 1 0 S2 co w 2 M :a 0 5 CD 0 0 0 , M (L Q 'a co 0 3: U V 11 CIS OD 0) -a ca m z a O O J C r d d m _ a •�„� N O � V r 00 n _ � Y c � N m U N N d j o c p U m C CL > d d L m l0 m m N c 3U m e p m m 2iaa ^5 0 o v E - ci = c d m m YLL � mm o,o �c2 = aNa` m ° ma d rn� Coo.a � cN cv f0N ' cEu — w m N ' u) C O Z N d `—° C N w O cL 'u2i l0 n. cTi m � Q a � m m o p m > c o u c �rn � d �� v ' rn aci �n d W > H m n a a Q � 0 C d O o L w w a d 0 58 > >, a g N .- m � avyoNdN Em dd c : a2Cma) oaa d m a o r c o c w_ > c m a o d d pc y E N m (q C +' C m 'S-' O O V G E °10 N N « woo U O O ulr a2 � o•OO .D= mom EE °nc ccCmUu ~ y N N p pp � O � a 2) C U 7 C w �i a: € � lC N O N N � W N d) 2 t7 t Ol� C O CL O 7 Q m 7 O m O d N y e' m O 7 w 'E o � � `E � 'mmHOO pvE EOd o £ ' ¢ LLO � � � ¢ ocn m ¢ w E � w � = a � u� f- ¢ ¢ ¢ 3LL a LL Q ♦ ♦ • • ♦ ♦ ♦ ♦ ♦ ♦ ii ♦ ♦ U • ♦ ♦ ♦ a City Council Communication June 2, 1998 submitted by: Paul Nol Approved by: Mike Fr �u1/1� Title: Second reading by title only of"An Ordinance Authorizing the Municipal Court to Require Mediation in Certain Cases." Synopsis: This ordinance gives the municipal judge the authority to compel persons to participate in mediation, with the ability to dismiss a case if the complainant refuses to participate in mediation and with the authority to have the defendant cited for contempt if the defendant refuses to participate in mediation after being so ordered. This ordinance will give the judge the authority needed to refer to mediation all cases that are appropriate for mediation. The first reading of this ordinance on May 19, 1998, was approved as submitted with no additions or deletions. Recommendation: Approval of this ordinance is recommended. Background Information: The Ashland Municipal Court has used mediation successfully for a number of years. They have a trained mediator and a system for referral of appropriate cases to be resolved by mediation. The problem has been that in many cases where mediation is the most appropriate means of resolving the case, either the complainant or the defendant refuses to participate in mediation. Currently, the judge has no authority to compel persons to participate in mediation. O:WM =\COUNCII.\Ca urea io.\mrn .699.," City Council Communication June 2, 1998 Submitted by: Paula Bro wn Approved by: Paul Nolte J, ✓ Approved by: Mike Freema u Title: Second reading by title only of "An Ordinance Amending Chapter 13.24 of the Ashland Municipal Code Regarding Standards for Naming and Renaming Streets." Synopsis: This ordinance gives the Engineering Division the primary role in the approval of street names. Recommendation: Approval of this ordinance is recommended. Background Information: This is the second reading of the proposed ordinance. First reading occurred at the last Council meeting. In the past, there was confusion regarding naming and renaming of streets within the City. New streets were generally named through the development process and as plat maps are approved. This has traditionally been accomplished by review through the engineering office. In the past, the renaming of streets went through the Planning Commission and there was some confusion with coordination and approvals needed by engineering and emergency services. City Council Communication June 2, 1998 Submitted by: Dick Wanderscheid Approved by: Paul Nolte Approved by: Mike Freema�`�,Q Title: First reading by title only of"An Ordinance Amending section 9.08.060.J of the Ashland Municipal Code Relating to Trackout Restrictions." Synopsis: At the request of ODEQ, the City of Ashland developed a trackout ordinance based on the model trackout ordinance. A public hearing was held on the ordinance on May 19, 1998. Recommendation: Staff recommends adoption of the ordinance. Background Information: This action is part of the Air Quality State Implementation Plan (SIP) which will be forwarded to EPA for approval. A letter from the mayor recommending strengthening certain areas of SIP will be presented to ODEQ at the public hearing on the SIP on June 16 in Medford. Also, a comparison of the model trackout ordinance and the city proposed ordinance has been prepared by the city attorney at the request of Councilor DeBoer. It has been included, along with a copy of the proposed ordinance, in the packet. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 9.08.060.J OF THE ASHLAND MUNICIPAL CODE RELATING TO TRACKOUT RESTRICTIONS THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Annotated to show deletions and additions to the code sections being modified. Deletions are thed-tlraagh and additions are i". SECTION 1. Section 9.08.060.J of the Ashland Municipal Code is amended to read: 9 08 060 Nuisances Affecting the Public Health. No person shall cause, or permit on property under their ownership or control, a nuisance affecting public health. The following are nuisances affecting the public health and may be abated as provided in this chapter: J. Dust and Trackout. No person shall trackout mud, dirt, or other debris from private or public lands onto paved public roads without taking reasonable precautions to prevent stieh pa �n�EUd d1tfrrdatsfirom becoming airbornerit1g aff#Its a These precautions shall include prompt removal of such material from the paved road surfaces anistxch`otf}er <ro�dtt[�ns��fe�; eiD(N. The City may require the imposition of building permit conditions for the prevention of trackout. Conditions imposed may include, but are not limited to the following: 1. The posting of a bond sufficient to assure available funds for roadway cleanup by the City if the contractor or permittee is negligent in cleanup of adjacent public roadways. 2. Street sweeping, vacuuming or other means of removing trackout material from public roadways. 3. Installation of wheel washers at exits of major construction sites. 4. Use of temporary or permanent barricades to keep traffic off unpaved areas. 5. Require graveling of access roads on site. 6. Limit the use of public roadways by vehicles. 7.. Issue.stop.work.order if„trackout.occurs and is not promptly.corrected. ���otat�on of astgp work order shah be cmnsidered a v[ofatiortigfitus ssoUcn A stop-work order issued pursuaiat to tlirs sectaon sha11��pasted �X�I�tQC: Page 1 —ANNOTATED ORDINANCE (GIPAUBORI)Vrackout.ano.ano) �E,F�fss;tstp�ir�y���+aYlrx;�yof the���r� Y�+7r`�r1v�YK�9)'(#� �htrce length'or a�trstanc�?�AEI�e�t �71L�72Y6rf!$S�'EQFteTi ��'kha�r�,� °tn,��r�t�nar of�a '� �d3�tiist3��tppras�arits� 'E�a��'�►���tra„r�, Ei�i�'►t�et� s ar'str, ��ai�� t�irter� rr7�c�� The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 1998, and duly PASSED and ADOPTED this day of 1998. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1998. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney Page 2 —ANNOTATED ORDINANCE (GAPAUL\0RD1rackout.ano.ano) CITY OF ASHLAND ; oF ASyy a Office of the City Attorney (541)488-5350 - s 20 East Main, Ashland, OR 97520 (541) 488-5311 - Fax 1 ' OR E G G�.•'' MEMORANDUM Paul Nob,dry Attomey Sharlene P.stepbns,Legal Assistant DATE: May 27, 1998 TO: Honorable Mayor and City Councilors FROM: Paul Nolte RE: Comparison of Proposed Trackout Ordinance with the Trackout Model Ordinance Councilor DeBoer requested at the last council meeting a comparison of the city's proposed trackout ordinance with the model trackout ordinance. Annotated to show comparison between the City of Ashland's proposed trackout ordinance and the Trackout Model Ordinance (based on Jackson County Ordinance 1810.06). Deletions from the model ordinance are lined through and additions are SECTION 1. Section 9.08.060.J of the Ashland Municipal Code is amended to read: 9 08 060 Nuisances Affecting the Public Health. No person shall cause, or permit on property under their ownership or control, a nuisance affecting public health. The following are nuisances affecting the public health and may be abated as provided in this chapter: J. Dust and Trackout. No person shall trackout mud, dirt, or other debris from private or public lands onto paved-public roads without.taking reasonable po prevent Ltd,dtrf,or debris from becoming asttl>1g,tiff the,slt . These precautions shall include where prompt removal of such material from the paved road surfaces and ecautions including, but not necessarily limited to, the conditions The City may require the imposition of building permit conditions for the Page 1 — ORDINANCE COMPARISON (G:PAULIORDVrackoutcomparisun..Wpd) prevention of trackout. Conditions imposed may include, but are not limited to the following: 1. The posting of a bond sufficient to assure available funds for roadway cleanup by the City if the contractor or permittee is negligent in cleanup of adjacent public roadways. 2. Street sweeping, vacuuming or other means of removing trackout material from public roadways. 3. Installation of wheel washers at exits of major construction sites. 4. Use of temporary or permanent barricades to keep traffic off unpaved areas. 5. Require graveling of access roads on site. 6. Limit the use of public roadways by vehicles. 7. Issue stop work order if trackout occurs and is not promptly corrected. A violation of a stop work order shall be considered a violation of this section. A stop-work order issued pursuant to this section shall be posted at the work site and delivered personally or by certified mail to an alleged violator. 8. For access to property, paving of the entry way or,driv„eway for its. et1fNe. gth L►rFa distance of 50 feet,Fvy�hlGherC;is Sliriter 9. A Iication and maintenance of,approved dust suppressants. PP �f}.,���lporary`�diment,t'r�nt�s.rac straw 6ale�sed)ment fiarrrer�,: Page 2 — ORDINANCE COMPARISON (WPAULWRDWmckoLd compaftm.wpd) City Council Communication June 2, 1998 Submitted by: Dick Wandersch id Approved by: Paul No fo Approved by: Mike Free T ' Title: First reading by title only of"An Ordinance Amending Ashland Municipal Code (AMC) Chapter 9.24 and AMC Section 10.30.010 by Incorporating the Provisions of the Model Woodheating Ordinance and Repealing Ordinance No. 2555." Synopsis: At the request of ODEQ, the City of Ashland developed a woodstove curtailment ordinance based on the model ordinance. A public hearing was held on the ordinance on May 19, 1998. Recommendation: Staff recommends adoption of the ordinance. Background Information: This action is part of the Air Quality State Implementation Plan which will be forwarded to EPA for approval. A letter from the mayor recommending strengthening certain areas of the SIP will be presented to ODEQ at the public hearing on the SIP on June 161 in Medford. A copy of the ordinance has been included in the packet. ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE (AMC) CHAPTER 9.24 AND AMC SECTION 10.30.010 BY INCORPORATING THE PROVISIONS OF THE MODEL WOODHEATING ORDINANCE AND REPEALING ORDINANCE NO. 2555 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Annotated to show deletions and additions to the code sections being modified. Deletions are iined4hreagh and additions are 4 3 ae[t. SECTION 1. Chapter 9.24 of the Ashland Municipal Code is amended to read as follows: Chapter 9.24 tNOt�I]StOVE'CtfRTAII.MENT IitNC) OPACITY LIMITATIONS Sections: 9.24.010 Definitions. ,.,:.7,:::,:<, 9.24.020 PrehibitiaflR gatrements for So1�ci Fuel Heatingpe tnstattation 9 24 030 Peflaltg Sa1id F(ieEBircrting Devoe i~n(iss,art S#andrd 8 24,x(7 i�es�Cfaftarr�f W�adknfng.�nd i �r�ssia�s an E�tgh Pa11u#tors fi�ays 9 43:... Q E�roh ted hlfatertatS Oil 9.24.010 Definitions;.. For the purposes of this Chapter, the following definitions are hereby adopted": A . "Residential v nseFt, wood stove, wood burning heater, wead fired boiler, eea'-fired furnsee, eeal stove, or similar deviee burning any solid fuel used fef aesthetae, eacking, of heating purposes, whieh burns less than 1,000,000 B.T�s per-hear: A H(gh pattuGon{ter((�d"means� penod caf`t)me�ommena)n;�three haur� efter irtrtial des(gnat�art es a rid ar pellaw�ia�y by f�a#�re�an 1����erst of Ertutrnnrrtental (,�uaft#y(further reterred`ta (t1#hts chapter as Q>r�t)9r the�a�ksrsn GQUnty Department of htealth and Hutnaraverv)ces In tfi�. event more than one co€�secut(ve days are das(Snated,�sred.cir yellowx they shtt.eii be„oar)s( red d.par# of.tho sarn ,p�nad.: B. 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QtE ! par �? � airrc frcitirr�ian�senricas„�Q be� .�gtm�yand�abitiue ..._:..n/.....n.<..:<.o»yn .n:5. ..'...... ... ..::.:�:a<::::F'e.:y�(..:.!�::G22'<:i_.`::<::':'::u+.'..::!:'i.'2%:i.:<ri:..:'Sii:•zi5;..:.�..is:.G.is�ijL:b.:ii<.:Ga...::i:.C:'.':G:i': F< �R�stde� "r�e�r�s�`t�rtf��Jngn�ai�r�h�.n���r=�?�,r�dw�tGng.urutss�d �o.� �s , "Res�derrti;�1 YP£ } rrrg(t.iiFGriitiX.fl` V � i�trk #w .:.. Sate soureejtf}neat"rriearrs fine flr trio>a sprd elurrr€ngsYrces?whici�€ �Ct48.�ttdt$��Gt1tj!St`5�[ttSf tle�tif'�gy tff�1?e�id�tte�a�tr''�`�itid �.i�ta�7�tftitt3g . C: ?u9:d-ekb,i ::.FF.oYF :if q..�yv,S.,,S`,2/•%::<:z::Y:k"'k:rv..{,� iteycetar z's�tts stialt4be caasicetdd £he sale �s�rc vt h �tt£h tesdence 13 eriippetl Yvltt7 a perrTial7entty� istalda»u�e. fer sySter► EitlJllri flt�;.natures[gas,stec [ tyt or.tzrapae.. ..xzaz.r... ?cr?c ��. "Satfd tie!t�+,ti'tttfrg dertt+r�"�'fe�ns�de�Ge±de��grted�trr�t�tld��J � 5 c ►iaustior 5fl#hat ttat�ie feat tS(3er�Yect#r}r t�78 xnteriot flf MOXMU arrt9"rnctytlea,�nntF�ut��imi�,atits�,,sr��td>``uet b!�rr�unc�st�sres �trep�aees; arzk6t'ati��`s�se��pl sp�ts�h��Ei> cul+tj �SaCr�r�?sa1�t�'��I, pr�t11j��p� ) jr1LT.00ti1(r &L�V21t, ti@9t3 ]EC1�117eYt( S�fI rt�Ysi![fltllfe k 5 bart'secu�5devices, hafurat gas��r�cf efiticial tireptace���,Eb����pprrsueci p�all�t Stfl+res., t�r �Ghet4fe,ns' J3 `�`,t7ac�F{eating,._maans.rats(ng;ther�eror#eperatureo�a,rogm. "Y�ttr��rd&�y"inaart>�a 2*t tt�ur�rertnd begirutiitg at'��m wheri"the PMT )e+�ets`are farecst by the t»tfr khe�taeks9h lxrit , epartrr€ �#ealt�r�aRt�. sm 9.24.020. Pfohib4twfM. No , operating a residential solid fue' burning device she" eau harge emissions from sueh deviee v.-him-h are oil an Page 2 —ANNOTATED ORDINANCE (GAPAUBORDlwoodheat.ano.ano) opeeity greater then 49%. 1 thus dees not apply to emissions dufing the building of a new ' ' ;.:s,;.a .„:,r..:,r •:.st.. .y <y.r..,.. m:.x,:tr h' .s P'a v#`this sectt6n ts'tc)reduce tFle amrsunE aiAarticuEatedttuf��aresufitru fioir ws�t�db►�trititg f�r,spar.�heating. sh . . xmautt:a:...:;.yu::xtvywittt^-.�:::.•.<;�..�<,n:,tsssY�:4=ba::!£rr::irz:a"`,.au:'>'>:S`iiE::..;;,:,,..:.:.,......._ ......;.:.T:,.jk..:.,:.. ... .. .. kit alt Eae'uri#aivfut fvr any n+�v�rvr triad svi�d ftalteaf(rag3errve fo ba �r�s#ditsd 1nttt� Ct#y t�f# h��rtd�#�st�tt�.�ffa�f���#at�i of ttit,�fl,�;dr„t�`�rtr.�;, i4nisss '>;'he de+rtce�s trist�llefd pursuant to the City`6utEdtngxCode��r�d regulations vF thauDepartrrSgr#k 6F P,ka�irt�ng;�r�d t3elrgio�ftlettt,F�`rld ��� �i"he svUd fuel heattngrde�rtce cvrripites wt#h�tre+gregan Deper�tnerif of tins tx5nmentaiSQualtty�l��rF�rutate Erntssicsn start#�c+ds fir r.�r�(fedwtyatl,�tt�yes �n€�t 3r Fur all!rtevii evnstructtt�ri;the structure contatns an a�tema#e form(�f `space heattng, tricluding natorat gas,prvl?anex stectrtc Qttz solar, ctr Ic�rosettiar 5utfi�Gtent io ttt�et rSeG§�Sar�Space he�ttrt� ��, �aqutretnen#sx ;za#hat during ep±sodea of high pt�llul��il�Kleu�ja the vecopart#wtli be;able tv hea,#age hclme�tfh.��taer fh�n e so�Ki E heaUngkdevlee, �y y 6 q yru ro,r r v r� �v .S•/ £ !e s �� if tha cortdi#tries set for#h to#his.stalssec#iort a#'a no#ti tlfiited, nv pet's�n in pgssesstvn afihe premtsesstiafl vause arpt*rrrttt; aneto,poblicagen sttafl.[slue,any#iermtt for,fhe utstal�attvn ofkhe deY[ce y..»: �. _ ^•.rear x.., u /x -<:x^' 'WS;^+"rCi .” i� ?"tt.�^p'-- ,u£ :2�tt olltf Feet Horning Deuice Erntsston�#anrtdr�f: .Y.:.:r•.::...:.:.usr.:.::..:m;.,.:txay.;x::'s >'e<:,: ,xtc..Y tr�yY.:.:,:u�a•:.;1Y,. A« tl�£�fhtn th��t;t€y�f Ashlaric#r rto persvr�vwnrnc� vr�aperatir�a svCt�fuel burnlitig L#�Y1C�,Sha11��t1y#trXt�Cause, &tit)w,�rdtacharge gttltSS(o�ts itrot�s�tch,devtce whl�ft ere of�n opaplty,grea#i<r khan�tl;;pai?�nk `Che provtstvrts o#'thts subsectton shad`nvt apps+tv emisstoris t3�inrtg,the star#�rig ar retuettng of� new tiro for�penod i1Gt to exceed. �triiatas to arty fCitrr hour:periad G Iron Map, of this secftvn opacity percentages sha11 be detertntnecl by afc�rElfied obSetver:ustng th$star►(xat�t UdSLt�l Ctlethod ttS#ed ti4�1Q t`i��j, t RX t lethgd 9r or operatlge nt equtpht ttE ap rcr+rad ay the cksor Cvurttyepartrnent vHeal;h andtuman..S,et+!tceaat is ixno}rin;tti prctdive egraiyalsrtt or taetterccwracY..` Page 3 —ANNOTATED ORDINANCE (GAPAULWRD\woodheat.ew.ano) t���€�4F3�%Restt3ctka���€ilit€roii�urnii�a and�m7sskons>r�n ii�ai�:PG[tc�tarkDays< # �33C1D!1 St1I13Uff�ilif#f klbd3 �ya �`�1p�t�a#tfs[i of k&,,5o�c��tuei burrttrtg tla+zice wwtfttkln t#ke�kt�+of i�;s�kl�rui riurkn�a hkgh pailuUor��se�tk5cf slrati5iie prohtbkted urfiess �n��€�mpf�ari#tas b��n grati#trd�iutsk�et�t ttt sdcu�i�k�2� E�i� �i pr�sum��ian,af�Wbl�#ian#fcu WFktrJ�a a�t�tiark`shali tre�issued��p)p�y�[ ansehtf�mcka°[s�k$tr�t#ksc�tar'gPei��r4ugt��a fltre�r�ktriney 'i�llY1 Y �kizk��enodncsfth�ee�ours has etaps�fmki�the�ttne,ot Car�tion at tlhe. �g�k�xriluf�on.ganad3 ckfinrk�s#araci#ng�ectkr��fi 83��,�p�t33!�.�[��thYe�atkt�r��s€fin�?re�gar� �erttl=kedx#�xefsfa#�be.>pf�rmtited dUFlkl�<�ttl�tltpGi�iutkan.penod�v i�bfkg�s�n�tr�utslbia��FC�(SSiaClS afFsnSoko�r� dl&C.�12Cg�##�Caklg�4n� r Nas arc�ttrr4rt��:atfdi'a#kme �r,a�o##€�r�a�saurs s=�iapst��arrr ��#+rah�the ri�ciar`afton Fps fhe,�tigfi�pttutkcin,}�ertDd 't'�?ed, � s �frfttknsron�vt•#htk$Siibs�c#kan`�it�ll`not�(�piy to'�thksskcras�Ctf sFnck+s y dunng k s# rrrg cefkaeitrkg cat a firs ftr .pnod rtat, axed �g inin�tfe��an�a�y�aur.fi?�u��ek'�c 3r te�Jun���t1r > �iru�rotaert�3�aw�'ker��rkthtn' .,0't�'a��1Xsf�t�rsd stt�[iran#�r taas+e�t�sidertkai tire#tl �rsa�af a�u,pj v�t '�r s�t�5f�da��.ty sout'( af3heat a#h�err��r���ysb7�tt ft.Cel bUt'�ing`cti�+�,[€ g 2d 0!�Q i�:2 S#tckaid a ykoiatkon csi`s#its sec#ton occur�t ahaCt ba ttrib awr t� ,...... �t�i3tiae ter rat nr`tass ., 0<< fix eMIT p#sons #ks permtssrbie forakousehoCd tca opera#e a solt�i iuel buFft(t .g deyica witikkr fhekiCkf Ash1dlufing' hki�paCCufaorkenQ wti�rk#Fkeshead crf that#tausdtiatd has�bta(ttad ans of the f4ltauvtrkg f rs .� .d' t Y� ru Y !r •� r z �xaknptfons Exsrktpttorts grarSf�d,�€nd�r„ih€s���t�artfsi��t t5k)�i�'e�n �ept�rnbeg�����sehyear„ -, "yo> 'Ind �+�a�na<[�t'a,Naed Ali +�X6111ptiark�fQ��Qri�k71��11t�i1H9C#��b�:il�i1�SQ�ti7 iuel=far�rasidatkEiat=spaas heating:impasses t�t�y ba Issued#o heads of hokt5ehntds who carp sh�+�t'#heir efigib�lt#�fpF eFterrJy asSst�,�tce under the Federal itepaFtrnent of�rkercJy Luw-tncctne energy , AS51&#attCe Pragfa�rkr as�dtCkltUS��C ,by F1C���, II't�,„pk`i�th�f �ppPav�d appraYed et��w 2. ot� ekurce Art exempt�bn may be kssued to She (leads o > hausahatds wh+a skgn�Sfi�Eetrkertt°d�i�rktig tttekty�ett"�ns�e<ttk3 sand fiiaet bunting dev3ae s fhe sale sataFCe cif t a t fps tt�`�r t�skdertca, �Sote source ex�mpttons shalt not be kssue�t aft�� June t3, unless the r stdence kS approYed 4F n w ins ... iY Startlamtksot n Afi t Page 4 —ANNOTATED ORDINANCE (G:\PAUL\ORDWMWheat.ano.ano) "•pus::..;.....y,::r2•.,".,nt�'X<"-:::�z:x:ix::r::Y7i"s ::r;::a:^ax;z:•r,..::n ptctgra[rl�urtlettt�es qt try the abseftc,�ot;siich�prt�rarr�wh��n,�he head of theausehalc#can staQVU tha#the famaty rncome rs iris#hari Bq�'lo f��ttH med�a�n rtx+�rns Tevetfar`#tie Dltedfardme#rapotktsn ere as es#abtrstledb.yK#h� t=ederat i�zparfrrTerTt�nrt Ha��irTg�n�1lrl�aT DeCrefopment_ 3 SperaeTt Need 1�pen a�styawrr�of specr�t z�esd, es deterrnrn�d by: #h��r��arr,rrr,strstar ar aesT�rtee, a#emparary ex�mptrart may,b granted au�horrzrng theybqurrtrng cif asgtr�luet burrtrrg rJ�+rrce nbtwithstanc3in sectrbrt 5 4 04f7 A.1 "Special need"sh fT nci.... but rto##�trrrtitect#d acsr&ns�whetn'a Turin"ec:ft'Qe�n#t�t h�a�#ink sys#em s inaperabTa ah>Krhfl;flttAttgh ttie, wnerr ope+ fcs aptignS. ggle�:f, 9 'rahrbrfe`d fylaterrats 1t so ft f> unlewfuf far persarr#a Muse a.` fC+ w erry t #hs3Mfottaw�ir�matsriets#a'�b�irraed trt asatid t'uet burnrng+;iu�Tce garta�ge=tr�e��� , ,woocf,spfa5tr�=wire ins�rtafrpri, aUfamolalte parts, aspfiattx petruteurrt pir�cructs, petrot�urn %re�tesf rnaterrat,rw�t�er products, anrmai remams, patrttY ariirr`ra[�of ve�°ef�bYe rnatt�r resut#rng from the h�ndtrng;'prepardttpns aavkiztg, orsetvrce taaa�r any,.��rr�� fn�ie�tat�vCiirh,n�ratty�m�fs�erts�,sm©toe nr�pXraus,o¢or�; 9.24.039M24 ,60 Penalty. Any person violating or causing the violation of any of the provisions of this Chapter shall be punishable as prescribed in Section 1.08.020 of the Ashland Municipal Code. (Passed by voters November 6, 1990; wording from Resolution. 9044, Sept., 1990) SECTION 2. Section 10.30.010 is amended to read: 10 30 010 Outdoor and4ndeaFBurning Restricted. A. No person shall start or maintain any outdoor fire except as authorized in this chapter. B. No person in charge shall cause or knowingly allow any outdoor fire to be started or maintained on any part of such premises, except as authorized in this chapter. C. Except for religious fires, any outdoor fire authorized in this chapter shall only be used to burn woody debris such as limbs or branches. No person shall start or maintain any outdoor fire authorized in this chapter in a barrel. D. No person she" burn indeers-any garbage, plestie, styrefoarn or other E. No person shall start or maintain any campfire except as provided in this chapter. It is an affirmative defense to a prosecution of any charge under this subsection that the campfire was authorized by the person in charge. Page 5—ANNOTATED ORDINANCE (c:wnuLwaoa«oodheat.sno.em) SECTION 3. Ordinance No. 2555 is repealed. (Note: Ordinance No. 2555 was adopted on February 8, 1990, but was not made a part of any specified chapter or section of the Ashland Municipal Code.) T-!QhL±. PEFINITIONS. As used in this Geetion! "Solid fue' burning deviee" means a device designed for solid fuel eefribustion so that useeb'e heat as derived for the interior of a building, and ineludes, without solid fue' burning stoves, fifepleees, fireplace inserts, weedsteves of any nature, earribonateen fuel furneee or boilers used for space heating whieh ean burn solid fuel-, 6EG:FIQkH. 6E)LIE) FUEL: BURNING DEVIGE E)PERATIGN. It she" be unlawful for a pefsom to eause or allow any of the fellowing materials to be burned in a selid fuel , being deaiee! (2) Tfeatvd wood; (4) Rubber products; — (6) Animals; — (7) Waste petroleum predueW (8) paints-or (9) Any substenee, other than properly seasoned fue! wood. SEG:F@QhL:a. SEASONED W009. It she" be tinlawful to se", edveftise�� wood as "seasoned or dfy wood" tinless the wood has a moisture eente it of 20% or tesi&. violation of any of the provisions of thus ordinance has eefrifnitted em4nfraetion-, end upon eanvietion thereof, 09 punishable as preseribed On Seetion q.08.92E) of the violation for eeeh and every day during whieh any violation of this Seetion is eerrifnitted or eentinued by sueh person, farm of . The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 1998, Page 6 -ANNOTATED ORDINANCE (G:WAUL%0RD1woodheat.ano.ano) and duly PASSED and ADOPTED this_day of ' 1998. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _day of , 1998. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney Page 7 —ANNOTATED ORDINANCE (GAPAWORDWmodheat.ano.aw) City Council Communication May 28, 1998 SUBrurreD BY: Jill Tumer /It— APPROVED BY: Paul Nolt APPROVED BY: Mike Free an TITLE: Resolution Certifying Municipal Services for State Shared Revenues. SYNOPSIS: This resolution certifies that the City of Ashland is eligible for State subventions. RECOMMENDATION: Staff recommends passage of this resolution. BACKGROUND INFORMATION: The City should receive the following State shared revenues in 1998-99: Cigarette Tax $ 47,000 Liquor Tax 131,000 Highway Support 824,000 Cigarette and Liquor Taxes represent 2.2% of the General Fund Resources and, Highway support represents 31.4% of the Street Fund Resources. G:IBUDGETOrds&Reeolutionslcouneil elate shamd.wpd RESOLUTION 98- RESOLUTION CERTIFYING CITY PROVIDES SUFFICIENT MUNICIPAL SERVICES TO QUALIFY FOR STATE SUBVENTIONS RECITALS : A. ORS 221 .760 provides the City of Ashland may disburse funds from the State if the City provides four or more of the following services : 1 . Police Protection 2 . Fire Protection 3 . Street construction, maintenance, lighting 4 . Sanitary Sewer- s . Storm Sewer 6 . Planning, zoning and subdivision control 7 . One or more utility services B. City officials recognize the desirability of assisting the state officer responsible for determining the eligibility of cities to receive such funds in accordance with 221 . 760 . THE CITY OF ASHLAND RESOLVES AS FOLLOWS: The City of Ashland certifies that it provides the following municipal services enumerated in ORS 221 . 760 (1) : 1 . Police Protection 2 . Fire Protection 3 . Street construction, maintenance, lighting 4 . Sanitary Sewer 5 . Storm Sewer G . Planning 7 . Electric Distribution 8 . Water This Resolution was READ BY TITLE ONLY and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the day of 1998 . Barbara. Christensen, City Recorder SIGNED AND APPROVED this day of 1998 . Catherine M. Shaw, Mayor sewed llas to form: N � Paul Nolte, City Attorney G:\BUDGET\Ords i Resolutions\Revenue share.res City Council Communication May 28, 1998 SUBMrrTED BY: Jill Tumer APPROVED BY: Paul Nolte APPROVED BY: Mike Free � TITLE: Resolution to Receive State Revenues SYNOPSIS: This resolution certifies that the City of Ashland is eligible for State revenues. RECOMMENDATION: Staff recommends passage of this resolution. BACKGROUND INFORMATION: The State requires passage of this resolution on an annual basis to receive State Revenue Sharing estimated to be $86,000 for 1998-99. G:IBUDGEMOMs&TUnolutiotulcomcil state teveaues.wpd RESOLUTION NO. 98- A RESOLUTION DECLARING THE CITY' S ELECTION TO RECEIVE STATE REVENUES THE CITY OF ASHLAND RESOLVES AS FOLLOWS : SECTION 1. Pursuant to ORS 221 . 770, the City hereby elects to receive state revenues for fiscal year 1998-99 . This resolution was read by title only in accordance with Ashland Municipal Code §2 . 04 . 090 duly PASSED and ADOPTED this day of 1998 . Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1998 . Catherine M. Shaw, Mayor iewed as to form: -2�a-j Paul Nolte, ity Attorney G:\BUDGET\OrdS 6 Resolutions\SRS.RES ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE (AMC) CHAPTER 9.24 AND AMC SECTION 10.30.010 BY INCORPORATING THE PROVISIONS OF THE MODEL WOODHEATING ORDINANCE AND REPEALING ORDINANCE NO. 2555 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Annotated to show deletions and additions to the code sections being modified. Deletions are fined threagh and additions are SE�aded. SECTION 1. Chapter 9.24 of the Ashland Municipal Code is amended to read as follows: Chapter 9.24 W00175TOUEGUR /�ILJinN�ANp OPACITY LIMITATIONS Sections: 9.24.010 Definitions. 9.24.020 Pfaf3tbrtien Rer{urements f©r SolicFuel iieatmg Detince Installation. 9 24 030 y Sohd Fuel Burrt)n ()d1F)GeErrii3sroi3 Starid2d 9 24040; FtestrlcUgrt of Woatlburn�rtg and [jliS$lons on High PGllution ©t3yS; 9 24:1350 Profr�bitad Materials= �.2a06t3 Penalty; 9.24.010 Definitions.. For the purposes of this Chapter, the following definitions are heFeby adopted. PPtY: A . a nsert, wood stove, wood burning heater, wood fired boiler, ecal-fir furneee, ecal stove, or similar dev ee bufning any selid fuel used faf l High pallutaon pertod" means a periad of Elms commencing three hiaurs .. after irj#gal des�gna#)on as a red or yell©w;r�ay by�1 �z Oregan peparEmerl of Etlurorrmental Quail#y(further raferred<ta to thfechapferas Ial�O�Or.:. the Jackson County Department of Health and Hainan Ser±iices in fhe_ e+rent more#han one consecut[ue Mays are designated as red fir.yell ow they shalt all be cgriside�ed�Pat#a#thesame period'; B. "Opacity" means a measurement of visible emissions defined as th-e degree expFessed in pereent to whieh emissions reduce the Page 1 —ANNOTATED ORDINANCE (GAPAUL\ORD\woodheat.ano.ano) lY y baekgrednd the degree #a urhaGt►emrsstons frazn solid fuel bumarig dewlc�'Ceduce the trarisrnassion of tigh#end obscure the view of art n4,�ec€ rn the kact�road tt rs expressed as a percentage representing the ex#erit Eo xfiioh an flkitaet vieyrer! hrough the smokers obsiureet. "Oregon certified s#OUe"rnearas a solid fw�iet Yrurrtirt�device�erttfiedb�r t:#EQ a"s rne$t<ng the emssran perfcarmancer standaFds speetfiert an.t;Sreg�?r Admin[stratrve;Rutes 3�#0-�i-4�ai through;34{}��4 ;t 15: D` "PM„";means arrborrie par#icies ranging from 0•t to 90 macrons in �tze, ths_breathingFi?f_whir�cars be harmftrt fo the hurrian.respiratory system;: �; "Red day"means a 4-�rour period begrnning a#7�a rn w# n PM,Q lever. eCe forecast 4ythe QEQ:oC the�teckson County [3;epartmerntof Health.and Human senriees to tie x_30�g/m?and aboue F "Residence"means a i�uildiCr�ctntainrnga„ne,fir more dwelling ufrits.use�! t'or hatfa#anon by one or more persons "Resrdentaal U\Itagdburrtirfg'”mre2rts utilrzefiion cif wtiod arl a_sdUd fuaE heafrrrg deylce jnelde a residence;:; Yi Fi "Sote source ctf:heat" means one;or moresotrd fuel burning devices>whactt 0.00 Utute the only source of heating rn a residence Nc send fuel bt irnrng device<cC de+tices shape cansitlered tea kie the so:.le source of heat if the resrdenee as equipped with a perrraanentty instatted fumaeeor heating systemutilazmgoii,.natuiatgas, iectncityk orprapane< ►` "$oird fuel burning tleViCe"meart� a deice desigrfed for surd fuel _, combrlstion so.That usatite hea#[s derived:for the rrr#error of a buddangx and includes,without limitation, sotadfuetFbumingsta3ves,feptaces, fireptat inserts, er wooistcves trf any natura,aatribtnatitatt fuel furnaca or bailers used for space heat,Cig.which cen bunt scud fact,:or said fuel burning cooking s...... Solid fuel burrarng devices„d0 not tnctude b4lb4 ue tleVIG2S, natural gas firerf_ar#tficial firepEace loge„© ( ,apgrovecl petiet etoYes,.or tCachelcfens: ,j "Space'Heating” WAX Mp.MElie rntWpp#empeeature of a room (�� r'�reltCw day"means� 24-hcuF parrad beginning��� a m when the:FMS; levels eC�'forecast by the A�Q or the,iaakson Cr?Uftty laepartmerri of Heaithend Hurrtan.5ervic s tt>.be 81. g1m�and.a6ave but;less.than 13Q .............. 9.24.020. dev�ee she" eatme, allow, or disehafge;missions ffem such deviee which are of an Page 2 —ANNOTATED ORDINANCE (G:TAUL\ORD\woodheat.ano.ano) opseity greater then 40%. 1 lowever, this does not apply to emissions dufmng the Me t an i4m FA R#d e " 11 W.,_ The purpose v#thES sectltsn is to reduee thr3 amaunt rs#particulats pGilCut€on_r€sult�ng ftom wptidbtam>trg far,sp�; .heatirig; it shall be unlauvfut far any new ar used solid fuel;heatrng devtee tM:b installed Erl#hs.City v#,Ashland after the effectn€e.Mate a#thss,©i'dtnence unless: The deutce is mstallecf pursuant to the CityBuEldtng fade arl regutati0ns of the I38p ttE 3artt o#:PlennMg end Develaprner t;;ana �; The solid fast heat€ng device carrEpt€es wrth the t;5ron Dep�rtrrter Sit€vironmentalQuattty E?articulafe t_mrssEan stancards.fo fied.wgadstgves;.and 3 For all rtew construct€on,the structure coma€ns an alternate form of. Ipace heatrng, rnaluding taturaC gas,pr�paner eleaEC, ailx sutar,.ar kerosene, suf#iCteE€t to Et188t rtecesarySpaCB heating requlterEtents, so,#hat during eprsodes of high pallutfon tenets, the,. occupant w€tl be ante to heat the Mims wtthr�thee than a solid fuel heatrng eleutce t3< if the conditEans set#orth m thES subsec#�tn are not#ulriltetl na person,�n possessran of the premises sttallcause rsr perrrtEt,;and rEa,pubtic agency stlali Issue anypormttfot,the tnstallatron,ofIhe device; 24t?3ti Solitl Fuet8urningQeuice t=miss€on Stantlar A; tn/rthrn the City of Ashland, na parson owning yr operating a solid fuel burning devECe sha11 at any time cau58, &I.IdW,ar discharges ernESsEats from such deECe rvhlch are of a ;gpaei#y grealsr.tfan ad percant' 6 Th prt?vistvns,of this subsection;shalt not appty t4 emissions dunn the $tating yr refueling of e.crew fire fat a.per dd clot to excesd t}mint to Ad any tour hour lenod. �Qrthe purposes of this:section opacity percentages shall be detettritneel by a oartifled aaser+tet usEng the standard visual rriesthad listed in 4t7 Cpl 6AA, Method g or€ ral�an Hof egttrpment appraued by the�iacksar bounty;f7epartnent of Health and Ffumar $erlr€ces that rs lmown tQ produce equ€vejent or better,acaaracy;; Page 3 —ANNOTATED ORDINANCE (GAPAWORMwoodheat.ano.ano) i3 .t}4t3 estricti6 hi of Woodbtrminr#and Emirs€vns �n High t?aitutian:Days A ; Operafipn.of Slid Fuetlurrking: e>rtce.Prohlb€t€ort! 't The nperattan of a svItd#reel bw-ntng de+riee within the C€ty Ashland ztunng a high pallet€on period shall!be prDhb€t®d ur�Cess ttn exampt€On has beers grarkted pursuant to secUvn 9 24 Q4Q � A, presumption of»y€gtatton:for Wk'€iCkt a clta#Irk shah.be issued shall. „ arise €f smoke is tieing cits�.... - through fluor nr<c[k€mney after a t€me period of three haurshas elapsed Ervin that€rxie of dectarat€rn pf.tll8 high AM ON �`; Natwtthstandingrection 924 i)4t7 A.'t, the slperat€vn',of an,C)regnr cerk€f€ed staxre shall be permitted during a high pvltuEiork per€yid sv [qng as rq�€stbts em�ss€dr€s of smatce are discharged fhrough a flue+�r ctiirnney af#er a t€me per€qd�f three'hours has elapse#Error the time o#the dectarattnn of fh�;high pvllutinn peni�,d The prq�tisivns of th€s g subsecttan shall not appty to emirs€ens of smatee dur€ng the stark€ri mfii r ANA et€n YOWY f��ra.for a per>ad.nat fv exdaed 34 mtnutes,lri any four ho Ur.pertnd '. After lur3e gyp, , na property owner wttttim the City t:+f Ashland shall rent ar Ieas e a res€dpnttat unit thaf rs riot equipped w)th secondary saurce of hea#:a#her the°n a salidtusl burning deuc untess t - landlord has a yaktd exemption under section 9 24 (34Qt3 Shciuid a vic?latran af;this section occki it steal#b® . att . utal 1, tv th ,property vwnsr and riot to iha,tenant vr.tassee B � 3=xe€npttans it is permissible far a hai.tseFfntd to Operate a sotid#eel taurnmg de>r€ce within fhe Cttyof Ashland cti€nng a h€gh pollution period when#:he head of that htauseholtl;.has obtained one of the foltawing ,ox antp!(4ns Eiiempt€gris granted under this sec#iart shall expire prr September_1,vt;each year;! k' Ect)nartttG Nsed Art exentipt€on foC=an economic need to bum:sql€d., fast far residential space eaEirtg put pgses may heads issued ta; of hauseltnlds wily can slew #he[r eligibilityfvr energy assisEancp under the Fed®rat I)epartrr€ent of energy Low €nccaarrfe trnerg Assistance Program, as administered by AGCE55 fr€p .or other approtre apprnVed,eMi#y . Sore Sdurce Ark!exemptiark may he€sued:fv the heads of household,#who a€gn a sfaterrtent dectanng the€r rei«ance on:d sntid fuel bus nin 'deVice es the sale snuroe'q#heat#or#heir residence Sore stwrce ezemptinns steers not be tsstied after .. June 3D, �E>�, unless the residence €s approved for installation of err alterr`sbuik heating source.thrqugh a wt€ttdsto�e replacemenk Page 4—ANNOTATED ORDINANCE (G1PAUL\ORDWoodheat.ano.ano) Program gurde[rnes or rn the absence rrfsuch a program whan the.. head srfi;the household can shave that the#aznrly rncotne )s less than 8Q�fo qfi the medr;�'n rncame Jeuet#or-the fy4edfard metrapoCttar area as esta�rshed,kay the Feder�C��C?artmer)t,A€Jip�rsrilg a1�d tlrbai [3erretop►nent'I �pecraJ iVeed Upon a shtiwrn�a#spegraC need, as determrned by the arty adrr)rn�str�tgr oY designee,a tempgr'ary exeriptrgn may b;3 granted authonzrt3g tf�e br�nrng of a sottd foal burnrrig dtyice notwrthsfandrng s�sctran g�4 04Q A.1 "Special need"shall rnctude;- but rrAt t)e Jrrrirted;ta agaasrans wharf a f�rrtines Ar cs'ntr+al heatrng system Js ingp... ether then#hrqugh t e.awrrer Ar operator s bwn�sttrsns c?r.rlglect, 9 24 Q5R41'Pohrbited ater�afs ltshatl be unlawful for a person to caus ;gr aliArvny of the fotlaw�ng rnatr3rEats to be 6ttrned In a satld fuel burning deyrCe,garbage, treated wncrd, ptastrc,wrre irtsulatron autarnob(Ce parts, asphalt, petrateum products, petroJeurn treated materrat, rubber prad�rcts, anrmal remains, paint, an)malorueget�bte mattee resulting from the ha'ndlrng, preperatran, caaktrtg, or se!`urrs of toad.or fitly other; materlai wiah ngrmally emtts dense;srngke drnq��ryusAdors. 963A . 4.t76CI Penalty. Any person violating or causing the violation of any of the provisions of this Chapter shall be punishable as prescribed in Section 1.08.020 of the Ashland Municipal Code. (Passed by voters November 6, 1990; wording from Resolution. 90-44, Sept., 1990) SECTION 2. Section 10.30.010 is amended to read: 10.30.010 Outdoor end4ndeeFBurning Restricted. A. No person shall start or maintain any outdoor fire except as authorized in this chapter. B. No person in charge shall cause or knowingly allow any outdoor fire to be started or maintained on any part of such premises, except as authorized in this chapter. C. Except for religious fires, any outdoor fire authorized in this chapter shall only be used to burn woody debris such as limbs or branches. No person shall start or maintain any outdoor fire authorized in this chapter in a barrel. D. No person she" burn indeefs any garbage, plastie, styfefeam of ethef noxious fnatefial, E. No person shall start or maintain any campfire except as provided in this chapter. It is an affirmative defense to a prosecution of any charge under this subsection that the campfire was authorized by the person in charge. Page 5 —ANNOTATED ORDINANCE (G:\PAUL\0RD1woodheat.ano.ano) SECTION 3. Ordinance No. 2555 is repealed. (Note: Ordinance No. 2555 was adopted on February 8, 1990, but was not made a part of any specified chapter or section of the Ashland Municipal Code.) SEE)T-'E)N 1. BEFINITIONG. As used in this Seet "Selid fuel burning deviee" means a deviee designed fer selid fuel eembustion so that usesHe heat is derived for the interior ef a building, and includes, withatit soled fuel burming stoves, firepleees, firepleee insefts, weedsteves of any nature, , or pettet stoves. rrvctiinam u wi or allow any ef the following matefials to be burned in a selid fuel (1) GafbagL- (2) Treated wood; (4) Rubber preduets; (5) mttma+s; (7) Waste petfeleum preduet&,, (9) Any substanee, ether then propefly seasoned fuel wood- GEBT-10N B. SEASONED WQ�413. It she" be tinlawful to sell, advertise or delive ;�v��s;ened or dry weed" unless the weed has a rneisture eentent of 20% a test. vielation of any ef the provisions of this erdinanee has eemmitted an nfraetiem, and upon eemvietion thefeef, is punishable as pfesefibed in Seetion 1.08.020 of the violation for eseh and every day during whieh any violation of this Seetion is The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 11998, Page 6 —ANNOTATED ORDINANCE (G:IPAWORDWoodheat.ano.ano) and duly PASSED and ADOPTED this_day of ' 1998. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of , 1998. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney Page 7 —ANNOTATED ORDINANCE (GAPAWORMwoodheat.ano.ano) CITY OF ASHLAND, OREGON SCHEDULE 46 M SEASONAL RESIDENTIAL SERVICE This would result in a decrease of 3.53% to this customer class ($1,900 in savings) A. RATE SCHEDULE: 1. This rate is applicable to seasonal residential uses such as owner occupied single-family residential customers providing travelers accommodations for to eight (8) menths per yea , and when all service is supplied at one point of delivery. 2. Net Monthly Rate: a. Basic Charge: $545 ED b. Energy Char e: 440 per kWh for the first 386=kWh 4.9348 RIMper kWh for all additional kWh C. The monthly minimum charge shall be the basic charge. A higher minimum may be required under contract to cover special conditions. B. SPECIAL CONDITIONS: 1. No motor load shall exceed a total of 7-1/2 horsepower connected at one time. 2. A" spaee heating elements IeFger then 1,659 watts rated capacity shall be designed and eenneeted for opefation of 240 volts, and eaeh space heating eiernent having a fated eepaeity of two (2) Idlewatts of largef she" be thermostatieelly controlled by stiternatic devices of a type whieh will eause a monornufn of fadie inteFferenee. 6paee heating elements sefve-d under these 3. All water heating tanks shall have the espeeity of net less then 29 gallons or more then 120 gallens and may be equipped with one of twe heating units. No sing4e heating unit shall exceed :7 kilewafts, and where two heating units are used in a single tank, these heating units she" be so interlocked that no more than 7 Exhibit A - Page 5 Effective July 1. 1998 City Council Communication May 29, 1998 SUBMITTED Br: Jill Tumei and Pete LovroviA_ REvIEWED BY: Paul Nolte V`' APPROVED BY: Mike Freemkk an ,01 Title: A Resolution Revising Electric Rates Synopsis: Based on a recent rate study, the City is now in the position of being able to lower electrical rates. The most significant proposed change is the elimination of the in-lieu tax adjustment for the institutional/governmental customers. The recommended rates will: • Provide for financial stability within the Electric Fund • Provide $560,000 in annual rate relief for our customers • Position the Utility for electrical deregulation • Move the Utility toward a competitive cost-of-service based rate structure • Eliminate the in-lieu tax on the institutional/governmental customers Recommendation: Approve the attached resolution adopting the electrical rate schedule to be effective July 1, 1998. Background Information: The consulting firm of RW Beck was hired to perform an Electric Cost of Service and Rate Study. This study was discussed at the March, April, and May City Council study sessions. This decrease is the result of operational savings primarily in the reduced cost of wholesale power. The rates were last changed in July of 1994. The proposed rates provide financial stability for at least the next three years. The rates move the utility toward competitive rates, encourage residential conservation through increasing rate blocks, and are simpler than existing rates. The rates move toward equity among customer classes and within customer classes. The proposed rate decrease will reduce the overall revenue by $560,000 or 7.2%. A summary of the proposed changes follows: Customer Class Average Rate Average Customer Decrease Code Decrease (New) Residential 4.7% 6.9% @ 500 kWh R 01 Seasonal — .6% @ 1,200 kWh R 04 Residential Mixed Usage Commercial 5.7% 7.7% @ 3,650 kWh, 50% load factor COI Single Phase Commercial 8.1% 2.9% @ 2,190 kWh, 30% load factor C 03 Three Phase Institutional 26.3% 22.9% @ 1,095 kWh, 30% load G01 Single Phase factor Governmental Institutional 20.6% 16.5% @ 2,190 kWh, 30% load G 03 Three Phase factor Governmental General Service 14.9% 14.9% G 50 Large Governmental The significant change made since City Council reviewed this material is in the Institutional/Governmental single phase customer rate structure. The cost of service study suggested a rate structure which would be lower than the single phase commercial customer. This proposal makes the single phase customer in both classes equitable. RESOLUTION NO. 98- A RESOLUTION REVISING RATES FOR ELECTRIC SERVICE PURSUANT TO ASHLAND MUNICIPAL CODE SECTION 14.16.030 AND REPEALING RESOLUTION 94-30. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The attached rate schedules (Exhibit A) are adopted as the rates and fees for electric service provided by the City of Ashland effective with meter readings on or after July 1, 1998. SECTION 2. The attached rate schedules (Exhibit B ) are adopted as the schedule of fees for electric service connections and miscellaneous fees provided by the City of Ashland effective July 1, 1998. SECTION 3. The electrical service fees adopted as (Exhibit B) may be increased for inflation annually on July 181 based on the Engineering News Record Construction Cost Index (ENR Index) for Seattle, Washington. The current index is established at 5881.41 (May 1998). SECTION 4. Three copies of this resolution shall be maintained in the Office of the City Recorder. SECTION 5. Classification of the fee. The fee specified in Section 1 of this resolution is classified as not subject to the limits of Section 11 b of Article XI of the Oregon Constitution (Ballot Measure 5). SECTION 6. Resolution 94-30 is repealed. The foregoing resolution was READ BY TITLE ONLY and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on the 2nd day of June, 1998. Barbara Christensen, City Recorder SIGNED and APPROVED this _day of June, 1998. Catherine M. Shaw, Mayor R wed as to form: e : Paul Note, Ci Attorney CITY OF ASHLAND, OREGON EXHIBIT 'A " ELECTRIC RATE SCHEDULE Resolution No. 98- Adopted: Effective: CITY OF ASHLAND, OREGON SCHEDULE 4 R 01 and R 03 RESIDENTIAL SERVICE ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE L4NBa+HR9FJG"ND ADDITIONS ARE HARED A. RATE SCHEDULE: 1. This schedule is applicable to single-family residential customers when all service is supplied to one point of delivery. 2. Net Monthly Rate: a. Basic Charge: $"G 3!5 b. Energy Charge: 33530 per kWh for the first 360§M kWh 43950 imper kWh for all additional kWh C. The monthly minimum charge shall be the basic charge. A higher minimum may be required under contract to cover special conditions. B. SPECIAL CONDITIONS: 1. No motor load shall exceed a total of 7-1/2 horsepower connected at one time. 2. A!I spsee heating elements largei then 1,650 watts rated eapseity shall b desigmed and eenneeted for operation at 240 volts, and each spsee heating element having a rated eapaeoty of two (2) Idlewatts or larger shall be monornum of radio enterference. Spsee heating elements served under this sehedu'e shall be of types and chareeteristies approved by the eity. 3. A" water heating tanks shall have a espeeity of not less then 20 gallons or more then 120 gallons and may be e4timpped with one oi two heating units. No singie heating tinit shall emeeed ? kilowatts, and where two heating units are used an a single tank, these heating units she" be so interleeked that not more than 7- Wowatts ean be eemneeted at any one time. Exhibit A - Pagel Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 4 R 01, R 03 RESIDENTIAL SERVICE C. THREE-PHASE SERVICE: M For residential customers requiring three-phase service, whose single-phase requirements are, or will be supplied under any residential schedule, three-phase service will be supplied only when service is available from the City's presently existing facilities, or where such facilities can be reasonably installed, and in any event, only when deliveries can be made by using one service for customer's single-phase and three-phase requirements. The demand charge applicable only to customer's three-phase demand shall be $2.28 for each kilowatt of demand, but not less than $4.60 minimum demand charge. The energy charge shall be in accordance with the schedule set forth herein. D. CONTINUING SERVICE: This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charges. Exhibit A - Page 2 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 5 K EN AB =S0 C GENERATION A. RATE SCHEDULE: 1. This schedule is applicable to qualifying facilities with a generating design capacity of 100 kilowatts or less. 2. Generation Credit: City shall pay 4.05¢ per kWh for all am separately metered Mfflnegated om a qualifying facility. generation. B. PARALLEL OPERATION: Interconnection of a qualifying facility with City's system will be permitted only under the terms of a contract between the uali ins facili and the City. a con na• MORE,uUtEelamirmeo1wmogiluge a e t • Mcf-ril-cWtiliti-e—sl The form of such contract shall be approved by the City Council and shall include but not be limited to the following: 1. The qualifying facility shall indemnify and hold harmless the City of Ashland from any and all liability arising from the operation and interconnection of qualifying facility. 2. The qualifying facility shall provide a lockable disconnect switch to isolate qualifying facility's generation from City's system. Such switch shall be accessible to City and City shall have the right to lock such disconnect switch open whenever necessary to maintain safe electrical operating conditions, or whenever the qualifying facility adversely affects City's system. 3. Qualifying facility shall provide an additional meter base adjacent to the delivery meter to measure the qualifying facility's total generation independently from the qualifying facility's load. For three-phase generation the qualifying facility will also provide a meter base for a War meter. 4. Except for the metering, qualifying facility shall own and maintain all facilities on the qualifying facility's side of a single point of delivery as specified by the City. Qualifying facility's system, including interconnected equipment, shall meet the requirements of and be inspected and approved by state electrical inspector and any other public authority having jurisdiction before any connection is made to City. Exhibit A - Page 3 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 5 EXPER MENTAL E EWABLE -UESOURC GENERATION C. UNMETERED GENERATION: If the qualifying facility does not desire to make sales to City, the requirements for separate metering of the generation shall be waived. Such generation may reduce the net delivery and billing to the qualifying facility by City. The delivery meter will be of a type that will not reverse registration and the qualifying facility will not be compensated for unmetered incidental flows to City. D. DEFINITIONS: Qualifying Facility means either a co-generation facility or small power production facility as defined hereunder: 1. Co-generation Facility means a facility which produces electric energy and steam or other forms of useful energy (such as heat) which are used for industrial, commercial, heating or cooling purposes through the sequential use of energy. 2. Small Power Production Facility means a facility which produces electric energy using as a primary source biomass, waste, renewable resources, or any combination thereof. E. MONTHLY BILLING: The monthly billing for takings from the City shall be in accordance with the applicable schedule or schedules for the type of service received. Exhibit A - Page 4 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 49 1 SEASONAL RESIDENTIAL SERVICE A. RATE SCHEDULE: 1. This rate is applicable to seasonal residential uses such as owner ccupied single-family residential customers providing travelers accomm ations for up to eight (8) menths per yes , and when all service is supplied a ne point of delivery. 2. Net Monthly Rate: a. Basic Charge: $545 8.00 b. Ener Char e: 444¢_M per kWh for the first 399 kWh 4.9340 per kWh for all additio I kWh C. The monthly minimum charge shal a the basic charge. A higher minimum may be required under contract cover special conditions. B. SPECIAL CONDITIONS: 1. No motor load shall exceed a t al of 7-1/2 horsepower connected at one time. 2. A" speee heating elernents 1,... '.'all watts ra d eapeeity shall be designed and Zr operation of 249 velts, and eaeh spaee heating rn n murn of radi-a Spaee heating elements served undef this a. A'! weLffl- L...kS shall have the eapaeity of net Iess then 20 gallons OF nieFe 11--_ A^^ --- --- --4 he-equipped with one er two heating units. Nesingle Sh011 —Aweepepal ;E kilowatts, and where two heating units efe used in a .in,gle �- III-, these `-eating units she" be so intefleeked that ne more then4 Exhibit A - Page 5 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 49 9 SEASONAL RESIDENTIAL SERVICE C. THREE-PHASE SERVICE: For residential customers requiring three-phase service, whose single-phase requirements are, or will be supplied under any residential schedule, three-phase service will be supplied only when service is available from the City's presently existing facilities, or where such facilities can be reasonably installed, and in any event, only when deliveries can be made by using one service for customer's single-phase and three-phase requirements. The demand charge applicable only to customer's three-phase demand shall be $2.28 for each kilowatt of demand, but not less than $5.45 minimum demand charge. The energy charge shall be in accordance with the schedule set forth herein. D. CONTINUING SERVICE: ` This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charges. Exhibit A - Page 6 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 15 OUTDOOR AREA LIGHTING SERVICE A. RATE SCHEDULE: The rate schedule for outdoor area lighting service furnished from dusk to dawn by City-owned high pressure sodium luminaries which may be served by secondary voltage circuits from City's existing overhead distribution system, and mounted on City-owned wood poles, and served in accordance with City's specifications as to equipment and facilities, shall be as follows: 1. Net Monthly Rate: Nominal Lumen Rate Per Type of Luminaire Rating Luminaire High-Pressure Sodium 5,800 9.27 High-Pressure Sodium 22,000 13.37 High-Pressure Sodium 50,000 21.38 2. Pole Charge: A monthly charge of$1.00 per pole shall be made for each additional pole required in excess of the number of luminaries installed. B. MAINTENANCE: Maintenance will be performed during regular working hours as soon as practicable after customer has notified City of service failure. The City reserves the right to contract for the installation and/or maintenance of lighting service provided hereunder. C. SUSPENSION OF SERVICE: The customer may request temporary suspension of power for lighting by written notice. During such periods the monthly rate will be reduced by the City's estimated average monthly re-lamping and energy costs for the luminaire. D. CONTRACT: Due to the investment involved and cost of initial installation, the term of the contract shall be by written agreement with the Electric Department, the form of which shall have prior approval by the City Council, and the term of which shall be for not less than three (3) years. Exhibit A - Page 7 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 26�Oi an. LC*i0 COMMERCIAL SERVICE A. RATE SCHEDULE: 1. This schedule is applicable to non-residential and multiple-family residential customers whose entire requirements are supplied hereunder, and whose loads have never registered 1,000 kilowatts or more, more than once in any consecutive 18-month period. Deliveries at more than one point, or more than on voltage and phase classification, will be separately metered and billed. Service for intermittent, partial requirements or highly fluctuating loads, or where service is seasonally disconnected during any one year period will be provided only by special contract for such service. 2. Net Monthly Rate: The monthly billing shall be the sum of the Basic, Demand, Energy, and Reactive Power Charges; plus applicable Metering and Delivery adjustments. a. Basic Charge: Monthly Basic Charge* is: 15 ItW of less 1 ol im ago 1" $6.40 plus 54.60 per 1 $14.00 plus 54.60-peMM 9 asic * arge mg a ase >i01 cee :lase RUIk-U.17lorlie� , , *Note: Kilowatt load size, for determination of Basic Charge, shall be the average of the two greatest non-zero monthly demands established during the 12-month period which includes and ends with the current billing month. Exhibit A - Page 8 Effective July1. 1998 CITY OF ASHLAND, OREGON SCHEDULE z'S= j'a"iii1 COMMERCIAL SERVICE b. Demand Charge: No Charge for the first 15 kW of demand $4-55 IM per kW for all kW in excess of 15 kW a. Energy Charge: Winter! 5.7280 per ItWh fer the first 3,000 IF 3.84:70 per IMA for a!' additional lWAi Summer! 5.2200 peF kVVh fef the first 3,00-0 4.1040 per IMIh fef the next 1:7,009 ItM 3.84:70 peF I(M for all additional ItM INEIMMMMIERME RNMENIM IVY MEEMBOM Fh - B. SEASONAL DEFINITION: Winter months are defined as the six regular billing periods November through April. Summer months are defined as the six regular billing periods May through October. In 1993-94 I= the winter and summer months will begin with regular meter readings on or after November 1 and May 1, respectively. Exhibit A - Page 9 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE25l� f10- COMMERCIAL SERVICE C. MINIMUM CHARGE: The monthly minimum charge shall be the basic charge. A higher minimum may be required under contract to cover special conditions. D. REACTIVE POWER CHARGES: The maximum 30-minute reactive demand for the month in kilovolt-amperes in excess of 40% of the measured kilowatt demand the same month will be billed, in addition to the above charges, at 60¢ per kvar of such excess reactive demand. E. DEMAND:- Demands shall be the kilowatts shown by, or computed from the readings of the City's demand meter for the 30-minute period of customer's greatest use during the month, determined to the nearest kilowatt. F. DELIVERY AND METERING VOLTAGE ADJUSTMENTS: The above monthly charges are applicable without adjustment for voltage when delivery and metering are at the City's standard secondary voltage. For as long as metering voltage is at the City's available primary distribution voltage of 11 kV or greater, the above charges shall be reduced by one and one-half percent (1-1/2%) to compensate for losses. For as long as delivery voltage is at City's available primary distribution voltage of 11 kV or greater, the total of the above charges will be reduced by 15¢ per kilowatt of load size used for the determination of the Basic Charge billed in the month. A High Voltage charge of$35 per month will be added where such deliveries are metered at the delivery voltage. When a new delivery, or an increase in capacity for an existing delivery is, at the request of the customer, made by means of City-owned transformers at a voltage other than a locally standard distribution voltage, the above charges for any month will be increased by 15¢ per kilowatt of load size used for the determination of the Basic Charge billed in the month. The City retains the right to change its line voltage or classification thereof at any time, and after reasonable advance notice to any customer affected by such change, such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. G. The City may require the customer to sign a written contract which shall have a term of not less than one (1) year. H. The City may contract for the installation and maintenance of electric facilities on the customer's premises. The terms of such service shall be set forth in a contract, the form and terms of which shall be approved by the City Council. Monthly charges made by the City as reimbursement for ownership, operation and maintenance costs applicable to facilities installed to furnish service under rules of this Schedule shall be determined in accordance with the following: Exhibit A - Page 10 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 25 COMMERCIAL SERVICE H. 1. Operating Charge — shall be equal to 213 of 1% per month of the installed cost of facilities paid for by the customer. 2. Facilities Charge — shall be equal to 1-1/2% per month of the installed cost of the facilities as determined by the City for facilities installed at City's expense. 3. Transformer Capacity Charge — shall be equal to 15¢ per nameplate kva. I. Customers shall not resell electric service received from the City under provisions of this schedule to any person, except by written permission of the City, and where customer meters and bills any of his/her tenants at City's regular rates for the type of service which such tenant may actually receive. J. This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charge. Exhibit A - Page 11 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 30 OR MO r fAPh4E c!.i U-NiI SERVICE A. RATE SCHEDULE: 1. This schedule is applicable to institutions' ovemm� customers whose entire requirements are supplied hereunder, and whose loads have never registered 1,000 kilowatts or more, more than once in any consecutive 18-month period. Deliveries at more than one point, or more than one voltage and phase classification, will be separately metered and billed. 2. Net Monthly Rate: The monthly billing shall be the sum of the Basic, Demand, Energy, and Reactive Power Charges, plus appropriate metering and delivery adjustments. a. Basic Charge: � p1 Monthly Basic Charge* is: IC 1i1ZOAV�TLC*is ICTTfaxie TI#&ee4 wt9e 1 GAG kW or less 79 1 lel 1AN Boom $8.00 plus 68.30 per 1 W.65 plus 68.30 per I a S�giel�a'sieiGlr'll' � . ��ifFire'e1Pha4� a o es *Note: Kilowatt load size, for determination of Basic Charge, shall be the average of the two greatest non-zero monthly demands established during the 12-month period which includes and ends with the current billing month. Exhibit A - Page 12 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 36 ROMMUMM INSTITUTIONAL��OSERVICE b. Demand Charge: No Charge for the first 15 kW of demand $236 Z per kW for all kW in excess of 15 kW C. Energy Charge: 3.84:70 per kM for a" additional IMM 3.84:70 per I(M fef a" additional I(M e er ME er er , V o e ne Win,t-emwe-NIKUN-0-Mall i��47,•g 1 i Iona f5promormaerif or u er- er or a o a , B. SEASONAL DEFINITION: Winter months are defined as the six regular billing periods November through April. Summer months are defined as the six regular billing periods May through October. In 1993-94 the winter and summer months will begin with regular meter readings on or after November 1 and May 1, respectively. Exhibit A - Page 13 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULES@ n IN6TITUTIGNAL -_•R.-K . -NIT01! SERVICE C. MINIMUM CHARGE: The monthly minimum charge shall be the basic charge. A higher minimum may be required under contract to cover special conditions. D. REACTIVE POWER CHARGES: The maximum 30-minute reactive demand for the month in kilovolt-amperes in excess of 40% of the measured kilowatt demand the same month will be billed, in addition to the above charges, at 60¢ per kvar of such excess reactive demand. E. DEMAND: Demands shall be the kilowatts shown by, or computed from the readings of the City's demand meter for the 30-minute period of customer's greatest use during the month, determined to the nearest kilowatt. F. DELIVERY AND METERING VOLTAGE ADJUSTMENTS: The above monthly charges are applicable without adjustment for voltage when delivery and metering are at the City's standard secondary voltage. For as long as metering voltage is at the City's available primary distribution voltage of 11 kV or greater, the above charges shall be reduced by one and one-half percent (1-1/2%) to compensate for losses. For as long as delivery voltage is at City's available primary distribution voltage of 11 kV or greater, the total of the above charges will be reduced by 15¢ per kilowatt of load size used for the determination of the Basic Charge billed in the month. A High Voltage charge of$35 per month will be added where such deliveries are metered at the delivery voltage. When a new delivery, or an increase in capacity for an existing delivery is, at the request of the customer, made by means of City-owned transformers at a voltage other than a locally standard distribution voltage, the above charges for any month will be increased by 15¢ per kilowatt of load size used for the determination of the Basic Charge billed in the month. The City retains the right to change its line voltage or classifications thereof at any time, and after reasonable advance notice to any customer affected by such change, such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. G. • The City may require the customer to sign a written contract which shall have a term of not less than one (1) year. Exhibit A - Page 14 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 49 r r_w�vi=R��AR! SERVICE H. The City may contract for the installation and maintenance of electric facilities on the customer's premises. The terms of such service shall be set forth in a contract, the form and terms of which shall be approved by the City Council. Monthly charges made by the City as reimbursement for ownership, operation and maintenance costs applicable to facilities installed to furnish service under rules of this Schedule shall be determined in accordance with the following: 1. Operating Charge — shall be equal to 2/3 of 1% per month of the installed cost of facilities paid for by the customer. 2. Facilities Charge — shall be equal to 1-1/2% per month of the installed cost of the facilities as determined by the City for facilities installed at City's expense. 3. Transformer Capacity Charge — shall be equal to 15¢ per nameplate kva. I. Customers shall not resell electric service received from the City under provisions of this schedule to any person, except by written permission of the City, and where customer meters and bills any of his/her tenants at City's regular rates for the type of service which such tenant may actually receive. J. This schedule is based on continuing service at each service location. Disconnect and reconnect transactions shall not operate to relieve a customer from monthly minimum charges. Exhibit A - Page 15 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE48 LARGE GENERAL SERVICE - METERED TIME OF USE OVER 2,000 KILOWATTS A. RATE SCHEDULE: 1. This schedule is applicable to electric service loads which have registered over 2,000 kilowatts more than once in any consecutive 18-month period. Deliveries at more than one point, or more than one voltage and phase classification, will be separately metered and billed. Service for intermittent, partial requirements, or highly fluctuating loads, or where service is seasonally disconnected during any one-year period will be provided only by special contract for such service. 2. a City stuct a euels based u on we t a e e peel ie ci c .•s ces of e c s o •e ► i e rates ewe op his c edu e I e eat cie t o el t. e• •ver I f e • •s ncurdw e Gi o e a he c some mcludin mm m o Abu 'on 1790—Me The menthly billing she!' be the surn of the Basic, Dernand, Energy, and Reactive Power Gharges, plus appropriate Metering and Belive ssets. adjustments. a. BasiLfibg=. (This table depiets previous rates-.) - -s Monthly Basic Ghame* ' 4,090 kW or less $64 plus 4640--peHtW Aver 4,000 IcW $200 plus 41.00 per 10V *Nete: Kilowatt 'cad size, for determination of Basic Gharge, she" be the average of the two greatest men zeia monthly demands established during the 12 month period whieh ineltides and ends with the eurrent billing month-. On peak per ed �emamd (Men-day through Friday 6600 a.m. to 10:00 p.m.) For eeeh kW of Billing Bermand $2.26 2.9850 per kWh Exhibit A - Page 16 Effective July 1. 1998 : . Vill •rail��i�inina�riur:6rti:��.�:�u•a:�a - - - - CITY OF ASHLAND, OREGON SCHEDULE 48 LARGE GENERAL SERVICE - METERED TIME OF USE OVER 2,000 KILOWATTS B. DELIVERY AND METERING VOLTAGE ADJUSTMENTS: The City retains the right to change its line voltage or classifications thereof at any time, and after reasonable advance notice to any customer affected by such change, such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. C. The City may require the customer to sign a written contract which shall have a term of not less than one (1) year. D. The City may contract for the installation and maintenance of electric facilities on the customer's premises. The terms of such service shall be set forth in a contract, the form and terms of which shall be approved by the City Council. Monthly charges made by the City shall be approved by the City Council. Monthly charges made by the City as reimbursement for ownership, operation and maintenance costs applicable to facilities installed to furnish service under rules of this Schedule shall be determined in accordance with the following: 1. Operating Charge -- shall be equal to 2/3 of 1% per month of the installed cost of facilities paid for by the customer. 2. Facilities Charge — shall be equal to 1-1/2% per month of the installed cost of the facilities as determined by the City for facilities installed at City's expense. 3. Transformer Capacity Charge — shall be equal to 15¢ per nameplate kva. E. Customers shall not resell electric service received from the City under provisions of this schedule to any person, except by written permission of the City, and where customer meters and bills any of his/her tenants at City's regular rates for the type of service which such tenant may actually receive. Exhibit A - Page 18 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 50 GENERAL SERVICE - METERED TI E ^F USE r O.�ER.MENTAL LARGE ERV 1,000 to 2-,W9 M KILOWATTS A. RATE SCHEDULE: 1. This schedule is applicable to electric service loads which have registered 1,000 to 2,08e M kilowatts more than once in any consecutive 18-month period. Deliveries at more than one point, or more than one voltage and phase classification, will be separately metered and billed. Service for intermittent, partial requirements, or highly fluctuating loads, or where service is seasonally disconnected during any one-year period will be provided only by special contract for such service. 2. Net Monthly Rate: The monthly billing shall be the sum of the Basic, Demand, Energy, and Reactive Power Charges, plus appropriate Metering and Delivery adjustments. a. Basic Charge: 1 53 ± 299L h mess $7B plus 56.00 pef-kW ever 699ItW $244 plus 50.00 per 10.0f *Note. Kilowatt lead size, for determination of Basie 6harge, shall be the average of the tw greatest non zero monthly demands established during the 12-manth period whieh ineludes and ends with the eurrent billing rnenth-. b. Demand Charge: For each kilowatt of Billing Demand $2.75 Im b. EnergX Char e: 3.640 U per kWh B. MINIMUM CHARGE: The monthly minimum charge shall be the basic charge. A higher minimum charge may be required by contract. Exhibit A - Page 19 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE50 GENERAL SERVICE - METERED TI EE OF USE UO.V,ER. ENTA _ ;OE ERN a 1,000 to 270W= KILOWATTS C. ON-PEAK PERIOD BILLING DEMAND: The on-peak period kilowatts shown by or computed from the readings of City's demand meter for the 30-minute period of customer's greatest use during the month, determined to the nearest kilowatt. D. REACTIVE POWER CHARGE: The maximum 30-minute reactive demand for the month in kilovolt-amperes in excess of 40% of the measured kilowatt demand for the same month will be billed, in addition to the above charges, at 60¢ per kvar of such excess reactive demand. E. DELIVERY AND METERING VOLTAGE ADJUSTMENT: The above monthly charges are applicable without adjustment for voltage when delivery and metering are at the City's standard secondary voltage. For as long as metering voltage is at the City's available primary distribution voltage of 11 kV or greater, the above charges shall be reduced by one and one-half percent (1-1/2%) to compensate for losses. For as long as delivery voltage is made at the City's current locally available primary or transmission voltage, the total of the above charges will be reduced by the following amount per kilowatt of load size used for the determination of the Basic Charge billed in the month; and where such deliveries are metered at the delivery voltage, the following high voltage charges shall be added. Standard Service Voltage Reduction High Voltage Charge Primary voltage of 11 kV or greater 15¢ per kW $35 per month Transmission voltage of 60 kV or greater 27¢ per kW $340 per month When a new delivery, or an increase in capacity for an existing delivery is, at the request of the customer, made by means of City-owned transformers at a voltage other than a locally standard distribution voltage, the above charges for any month will be increased by 15¢ per kilowatt of load size used for the determination of the Basic Charge billed in the month. Exhibit A - Page 20 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 50 GENERAL SERVICE - METEREE) T"'� `�� "ter OVERNME TA LARD SERVICs 1,000 to 2,W 00 KILOWATTS F. DELIVERY AND METERING VOLTAGE ADJUSTMENTS: The City retains the right to change its line voltage or classifications thereof at any time, and after reasonable advance notice to any customer affected by such change, such customer then has the option to take service at the new line voltage or to accept service through transformers to be supplied by City subject to the voltage adjustments above. G. The City may require the customer to sign a written contract which shall have a term of not less than one (1) year. H. The City may contract for the installation and maintenance of electric facilities on the customer's premises. The terms of such service shall be set forth in a contract, the form and terms of which shall be approved by the City Council. Monthly charges made by the City as reimbursement for ownership, operation and maintenance costs applicable to facilities installed to furnish service under rules of this Schedule shall be determined in accordance with the following: 1. Operating Charge — shall be equal to 2/3 of 1% per month of the installed cost of facilities paid for by the customer. 2. Facilities Charge — shall be equal to 1-1/2% per month of the installed cost of the facilities as determined by the City for facilities installed at City's expense. 3. Transformer Capacity Charge -- shall be equal to 15¢ per nameplate kva. I. Customers shall not resell electric service received from the City under provisions of this schedule to any person, except by written permission of the City, and where customer meters and bills any of his/her tenants at City's regular rates for the type of service which such tenant may actually receive. Exhibit A - Page 21 Effective July 1. 1998 CITY OF ASHLAND, OREGON EXHIBIT 'B " ELECTRIC RATE SCHEDULE Resolution No. 98- Adopted: Effective: CITY OF ASHLAND, OREGON SCHEDULE 90 CHARGES AS DEFINED BY CUSTOMER ACCOUNTING POLICIES AND ELECTRIC SYSTEM REGULATIONS PURPOSE: The purpose of this schedule is to list the charges referred to in the utility Customer Accounting Policies and the Electric System Regulations. These charges are applicable to all customers utilizing services of the City as defined in said policies and regulations. BILLING AND CHARGES A. Temporary Service Drop: Service Drop and Meter Only - Single Phase . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 95.00 Three Phase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $195.00 B. Meter Charges: Meter Test for Accuracy Once in twelve months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No charge Second or more times in twelve months . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00 Meter Repairs/Replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Actual Cost (Damage by Customer) C. Returned Check Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20.00 D. Reconnection Charge: Normal Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16.00 Other Hours or on Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55.00 E. Service Calls: (Customer Request second or more times in twelve months) Normal Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16.00 Other Hours or on Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55.00 F. Service Connection for Applicant: Normal Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10.00 Other Hours or on Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55.00 A. Unauthorized Connection (by Customer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00 Exhibit B - Page 1 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 90 CHARGES AS DEFINED BY CUSTOMER ACCOUNTING POLICIES AND ELECTRIC SYSTEM REGULATIONS H. Line Extension Charges: The electric line extension charges for new or increased services within the City shall be as follows for 300 amps or less: 1. Single-family Residential Service: The electrical service connection charges for new service within the city limits shall be as follows: a. Overhead service in existing developed areas from distribution line to and including meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300.00 b. Overhead service extension or increased service for 300 amps or less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00 C. Partial Underground service installation, extension, increased service for 300 amps or less, or replacement of service from overhead to underground. Customer provides all trenching, back filling and compaction as directed by the City . . . . . . . . . . . . . . . . . . . . . $350.00 d. Underground service of 300 amps or less that have not been previously paid under subsection I. Customer provides all trenching, back filling and compaction as directed by the City . . . . . . . . . . . . . . . . . . . . . $300.00 ® 0f fe—RIJ60 rs se ee ere 200.0 Nothing herein shall be construed as requiring the City to furnish underground service in existing residential subdivisions or areas, or to require the conversion of overhead to underground service. 2. Any service over 300 amps shall be installed at the City's actual cost with the deposit to be made to the City before installation and the City's estimate of its actual cost. Exhibit B - Page 2 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 90 CHARGES AS DEFINED BY CUSTOMER ACCOUNTING POLICIES AND ELECTRIC SYSTEM REGULATIONS H. Line Extension Charges: (Continued) 3. Commercial. Institutional and Industrial Service: The electric service connection charges for new service for commercial, institutional and industrial developments within the City limits shall be deposited with the City prior to service installation, and may include: three cutouts for primary lines, conduit and wire from lines to transformer pad, transformer pad, transformer, connectors for primary and secondary wires, conduit and wire from transformer to current transformer cans, current transformers for metering purposes, meter ean meter, and all estimated labor and equipment rental costs associated with the installation of the foregoing. The trenching and back filling for conduit shall be the responsibility of the owner or developer. Upon completion of the service connection, the City will render a statement of actual costs incurred and shall refund any excess of the deposit over actual costs. I. Underground Distribution Installation Charges: The charge for installation of underground distribution facilities for residential use, which includes transformers, conduit, wire for distribution, and labor and equipment charges, but not including the service connections outlined in item 1d above. Customer provides all trenching, back filling, and compaction as directed by City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $650.00 per lot 'Note: For any subdivision for which electric fees were paid prior to the adoption of this Resolution, a separate line extension charge as outlined in item 1d above shall not be required. Exhibit B - Page 3 Effective July 1. 1998 CITY OF ASHLAND, OREGON SCHEDULE 48 LARGE GENERAL SERVICE - METERED TIME OF USE OVER 2,000 KILOWATTS A. RATE SCHEDULE: . 1. This schedule is applicable to electric service loads which have registered over 2,000 kilowatts more than once in any consecutive 18-month period. Deliveries at more than one point, or more than one voltage and phase classification, will be separately metered and billed. Service for intermittent, partial requirements, or highly fluctuating loads, or where service is seasonally disconnected during any one-year period will be provided only by special contract for such service. 2. er rate str cture and a e eels based o e ec fie er •u sta s e eusto er a i m, t o ra es e e o The nienthly billing she" be the surn of the Basie, Bernand, Energy, and Resetove Power Gharges, plus appropriate Metering amd Delive a. 1388i (This table depiets previous rates., i ch I •e e t o sufficie t o el o eco a all of a costs "ncurre e Gi o e e c er nc n a rein' U• eontribu on o ixe ets. a •r - uL _ S * ' 4,009 ltW or $64 plus 45.10 peHM Aver 4,009 IEW $209 plus 41.00 pef 10AF *Note. Kilowatt load size, for determination of Basie Gharge, shall be the average of the two greatest non-zero menthly dernands established during the 12-rnonth peried whieh ineludes and ends with the euirent billing rnonth-. On peak period dernamd (Monday through Friday 6!00 a.m. to 40!00 p. Fai eseh kW of Billing Bernamd $2.26 e. Ene 2.9850 per kVA Exhibit A - Page 16 Effective July1. 1998 s I,P • S T ` 2 c ; 5 ♦: a JT .i ♦ x �TaJ t � �' a t1 Fr i fpy r 1 a 3 f .� •v M J x i l J t M1 1 K { •M1t � '. • f s fJ }] }{ 1 'S.. 1 z F .� Fl s. .J r t : nr r U ASHLAND FIBER NETWORK :., MAY 30,'1995 r ~`y FINANCIAL ANALYSIS PREPAREDI F ON:CABI;E"TELECUMUNICATION y ASSOCIATION' y t . a y'v Y - 2 S ♦t + 1 t is - } '- c 5' a '.�}a y r, y �,�� + �_ { a 117•,1 r. :a r� _ fv r v . Qt `' 11v It ny�'tJ fn Yy. n f rT,. t l y 1 1 •3 ' _ � Y 1 � f v . e •i. f •it ! e 1t t at � 't': l !' 'i•l r J i 4 4 P11 I l,l- low 11011 5 t i. y M1 l e i J 3 M1 _ y I J 1 � `✓ 1 t 1 C � •. v..y... I t .L 1'. Al • MOSS-ADAMS LLP CERTIFIED PUBLIC ACCOUNTANTS 301 West Sixth Street Medford,OR 97501-2710 • Phone 541.773 2214 FAX 541.773.2102 May 30, 1998 Offices in Principal Cities of Washington,Oregon and California Mike Dewey • Executive Director Oregon Cable Telecommunications Association 960 Liberty Street S. E. Suite 200 Salem, Oregon 97302 • Dear Mr. Dewey: Please find enclosed my revision of the Ashland Fiber Network (AFN) financial pro-forma. Also please find enclosed an Income Comparison and an Expense • Comparison which reflects the total impact of my modifications to the City's model. The areas highlighted in red reflect the changes that I have made. My analysis shows that the AFN pro-forma appears to have understated its bonding requirements by approximately $4,700,000. The City's budget proposal would appear to have understated its bonding requirements by approximately • $2,600,000. As you can tell there is a disparity between the AFN pro-forma and the City's Budget. It is important that you understand that any financial forecast is only as good as the assumptions that one makes. It would be very unusual if the actual cash flows projected by the City or in that fact by me were accurate. The hope is that the projections are "Reasonably accurate". In that vein it is extremely important that forecast be conservative in projecting revenue and be aggressive in forecasting expenses. If the plan still looks good then it is reasonable to continue. In the AFN forecast there appears to be six major "CATV" assumptions that I feel are not materially accurate. Additionally there appears to be a very major assumption, that could possibly be in error, that the AFN has made with regard to its Internet Service Provider (ISP) revenue. I did not make any changes to that forecast since I could not find any substantive information which would allow • me to make any adjustment. The assumption I am referring to is that the AFN will receive Residential Internet-local ISP revenue for approximately 100% of Residence with computer modem who will not be utilizing AFN's direct services. The total 5 year revenue projected by AFN for this service is $2,900,021. 1 would suspect that this revenue could be overstated by as much • as 50%. A member of Moores Rowland • An association of independent , accounting firms throughout the world. 4 . MOSS ADAMS LLP In my opinion the six (6) major Cable revenue assumption errors are as follows: 1. AFN's "Consumer Research" indicates that 68% of all homes passed • by coax cable are subscribers. In reviewing TCI's financial data it appears as if the actual subscriber percentage should be approximately 55%. When adjusting the total subscribers to an amount that represents an equivalent subscriber unit, it appears the actual penetration is 5,100 to 5,300 homes. For my analysis I • utilized 5,300. 2. AFN's "Consumer Research" concludes that current cable subscribers will switch providers if there is a price justification for doing so. This research further concludes that 52% of subscribers will switch if the price is lowered by at least 10%. The financial pro- forma projects that 78% to 80°x6 of current subscribers will switch in the first year and that 100% of all new subscribers will utilize AFN. This does not appear to be a reasonable assumption. The pricing as proposed by AFN is not even 10% lower than that of TCI. The rate proposed by AFN is Basic $8.82 plus Expanded Basic $14.68 plus Digital Decoder Box $6.50 for a total monthly rate of$30.00 per month. TCI current rates are Basic $11.02 plus $18.35 for a total of $29.37. If you add to the rate a charge for a converter box in order for the subscribers to have premium or pay-per-view the total is $32.37. In my projections I assumed that 50°x6 of current subscribers would switch. This is consistent with AFN's application even though there is not a 10% reduction in monthly services. 3. AFN's financial pro-forma assumes that its projected penetration percentage will be immediate. This assumption does not appear to be reasonable. I have utilized a phase in of 15% in year 2; 25% in year 3; 37.5% in year 4; and 50% in year 5. 4. AFN's financial pro-forma assumes that 98% of"Basic Subscribers" will subscribe to "Expanded Basic". Ashland's actual amount is 83%. AFN further assume that 90% of"Basic Subscribers" will subscribe to "Premium Pay". Ashland's actual amount is 30%. 1 utilized the 83% and 30% respectively in my adjustments. 5. AFN's financial pro-forma assumes that "Disconnects" will be 1% when in actuality the current rate is 25%. (1 assume 12.5%). AFN further assumes collections will be 100% of revenue while current bad debt percentage runs from .5% to 2.0%. Since it is possible the • City may be able to exercise more pressure by not turning on electricity, than TO can, I estimated that the-bad debt rate would be 1.25%. 6. AFN's financial pro-forma assumes that there will be a digital decoder box in each house. Based upon the type of system • proposed by AFN there would be required a decoder box for each cable outlet in the home or each TV would have to watch the same show. This is similar to what took place in prior years before • • MOSS ADAMS LLP Televisions were "Cable Ready". No adjustment was made for this error but the costs could be significant without an equal revenue • offset. An adjustment was made for the cost of the "Decoder Box". The current rate is $325 per box. AFN is assuming that the price will decrease by the time they need to purchase the digital boxes to $250. As more and more Televisions become "Digital Ready" and as demand for"Digital" increases it would be fair to assume the prices • would decrease. However it does not appear reasonable to assume this would happen within the first year of operation. I therefore assumed a $325 per box cost. For the "Other Services" I have made the following assumptions and have • adjusted the pro-forma accordingly. 1. Since there will be competition for Internet Services ( US West, TCI, and AFN) I assumed that only 50% of the subscribers would go with AFN. The other 50°x6 would be split between US West and TCI. 2. As indicated no adjustments were made for "Residential Internet-local ISP". Since this assumption results in a projected revenue of approximately$2,900,000 over the first five years (four years of operation) an analysis should be done to verify the accuracy of AFN's assumptions. • Based upon the projected "Cash Flows" deficit I increased the "Bonding Indebtedness" requirement by an amount sufficient to fund the deficit and the corresponding interest cost. Since the proposed City budget suggest that the bonds could be issued in a serial levy, I have made the same assumptions. I talked with Pete Lovrovitch late Friday (May 29, 1998) and he indicated that the • report from RW Beck & Co. had not been received. As a result of that I am unable to compare my report with their analysis. Mr. Lovrovitch explained to me that the AFN forecast did not include "Advertising Revenue" which could be significant. Additionally he indicated that the "Centralized Service" expenses had been increased. I have no documentation for these items and accordingly • have not modified my analysis to reflect the impact, if any, these adjustments may have. If I can be of any further services please let me know. • Respectfully yours, 9 � • David P Hyatt, Partner MOSS-ADAMS LLP • t Ashland Fiber. Network . Income Comparison ♦ t � - v, I i r r r •+ .. Y SL• � Y4 � � [.. p� a 1. 't • 1 )• Y y It � {! t. .�* �n •„ ) . f . %Sa •v .�,�: , . e r � ti 1 t \ V 1 �+i •1 Y 3. r a r o I r T r ♦ t .i,' r 4 4 r R r ( a t H f i { t 4 t A .4.4 iL • ..rG.,-.. .�� �, r<a ., . . . {. . . _... r � _ . . ,.. �5 .,.,_,., �� .. h. . t°n.�' ii�u',., ,� ,. Ii .v.3 r, .S[''., • ASHLAND FIBER NETWORK INCOME COMPARISON MAY 30, 1998 AFN AS ADJUSTED BY BUSINESS PLAN OCTA DIFFERENCE REVENUE: CAN(Schedule 8) r Basic $ 1,820,628 $694,619 $ (1,126,009) Expanded Basic(Incremental to Basic) $ 2,820,307 $864,280 $ (1,956,027) Premium $ 1,764,358 $186,200 $ (1,578,158) Pay-Per-View $ 195,940 $78,424 $ (117,516) Additional Sets $ - $0 $ Analog Decoder Rent $ 17,644 $6,384 $ (11,260) • Digital Decoder Rent $ 1,236,031 $447,235 $ (788,796) Total CAN Revenue $ 7,854,908 $2,277,141 $ (5,577,767) Other Services(Schedule 8) Business Intemet-AFN $ 230,260 $130,884 $ (99,376) Business Internet-local ISP's $ 328,935 $164,468 $ (164,467) Residentiallntemet-AFN $ 2,134,466 $1,067,233 $ (1,067,233) Residential Internet-local ISP's $ 2,900,021 $2,900,021 $ 0 Dark Fiber Lease $ 354,833 $354,833 $ (0) Dark Fiber Lease for Other Uses $ 392,811 $392,811 $ (0) $ Total Other Services Revenue $ 6,341,326 $5,010,250 $ (1,331,076) Utility Operational Savings(Schedule 8) $ 195,000 $195,000 $ Other City Operation Savings(Schedule 8) $ 120,000 $120,000 $ • Total Revenues/Operational Savings $ 14,511,234 $7,602,391 $ (6,908,843) .,� ,,;",, .."t '.. ---, � --,- 4 .. -- ., � � " , � - 1. . -I '. :� 11.1,, I I.- I 1. 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I . .- ,. .l, ., I ��, . , ,-. , �, ..�, I 11 � 1 ; �,, .* * , , ., , , , � �I- . , , t , �. , � - � I , . , I .,. ,�, , � i . �d , � " , ; ,. � . � . , I ,-v.1� I I 1�1'" .. . :,, , ., . -. r , �I � , I �1. ,,,! ,� .,,% -, I I.� -.-! .. - '. .� , ,. , , .� - I j � I � , . . � I . .. ., ; ", . , .I- I , . , , -�, .�,. . -. .: ,- .. �,, -'.1 ,. , 11" - . . , , , , .�. -- : r � , � -,� , .. , �) I , 11� - - � � .I, ,� , " ASHLAND FIBER NETWORK EXPENSE COMPARISON e MAY 30, 1998 AFN AS ADJUSTED BY BUSINESS PLAN OCTA DIFFERENCE Salaries(Schedule 8) $ 2,059,201 $ 2,059,201 $ (0) Travel&Entertainment(Schedule 8) $ 38,610 $ 38,610 $ (0) Vehicle Expenses(Schedule 8) $ 379,414 $ 379,414 $ 0 Office Rent(Schedule 8) $ - $ - $ Pole Attachments (Schedule 8) $ 66,622 $ 69,804 $ 3,182 Franchise Fee-CAN(Schedule 8) $ 392,745 $ 113,857 $ (278,888) Telephone(Schedule 8) $ 12,870 $ 12,870 $ (0) Office Utilities(Schedule 8) $ 6,435 $ 6,435 $ (0) Postage&Shipping(Schedule 8) $ 19,305 $ 19,305 $ (0) Office Supplies(Schedule 8) $ 12,870 $ 12,870 $ (0) Marketing&Advertising(Schedule 8) $ 257,398 $ 257,398 $ 0 Public Relations(Schedule 8) $ 160,874 $ 160,874 $ (0) Dues&Subscriptions(Schedule 8) $ 6,435 $ 6,435 $ (0) Office Repairs&Maintenance(Schedule 8) $ 9,652 $ 9,652 $ 0 Centralized Services from City(Schedule 8) $ 536,247 $ 536,247 $ (0) System Operations&Maintenance(Schedule 8; $ 275,000 $ 275,000 $ T-3 Connectivity(Schedule 8) $ 1,392,000 $ 1,392,000 $ Programming Expenses(Schedule 8) $ 3,305,172 $ 940,698 $ (2,364,474) Internet Modems(Schedule 8) $ 338,100 $ 173,100 $ (165,000) • Set Top Boxes(Schedule 8) $ 1,102,400 $ 1,024,415 $ (77,985) Total Operating Expenses $ 10,371,350 $ 7,488,186 $ (2,883,164) • • s • t • � )tt c { 1 l i � � „ _ y s w t t �1 � . l - r 5 t• r t ^. r Ashland Fiber Network 1 Finan cal P.ro Forma • ;� (Adjusted) 1 IV cl \ s k +r 4 h S \ 4 n . k Y I � l ;f� I 1•I ant { .t t l l 4 } s' r L �( _ + l • t ♦. y 1. ^ 3 / f J l • 7. 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