HomeMy WebLinkAbout2006-0818 Continued Meeting Packet
CITY OF
ASHLAND
Council Communication
Chapter 15 Revisions and Additions-Ashland Municipal Code Section
15.28 Fire Prevention Code
Meeting Date: August 15, 2006
Department: Community Development -Buildi ivision
Contributing Departments:
Approval: Martha Bennett, City Administrat
Statement:
The Building Division requests that revised portions of the Ashland Municipal Code Chapter
15.28 Fire Prevention Code be adopted.
Primary Staff Contact: Mike Broomfield, Building Official
E-mail: broomfim@ahshland.or.us
Secondary Staff Contact: Beth A. Lori, Asst. City Attorney
E-mail: Lorib@ashland.or.us
Estimated Time: 10 minutes
Background:
Recent adoption of changes to Section 15.04 (see Council Communication dated April 4,
2006), inadvertently deleted Section 15.28, The Fire Code, that the council considered in
November 15, 2005. Section 15.28 was adopted on December 6, 2005. Adoption of the
attached draft ordinance corrects this error.
Related City Policies:
Ashland Municipal Code Chapter 15.04 Buildings Code
Council Options:
OPTION #1 Adopt revisions to Section 15.28 of the Ashland Municipal Code (Exhibit A).
Staff Recommendation:
Option #1: Adopt revised Ashland Municipal Code Section 15.28 Fire Prevention Code
(Exhibit A).
Potential Motions:
Motion to approve first reading of Ordinance No. (Exhibit A) AN ORDINANCE
AMENDING THE ASHLAND MUNICPAL CODE RELATING TO THE ADOPTION OF THE
2004 OREGON FIRE CODE.
Attachments:
Exhibit A - AN ORDINANCE AMENDING THE ASHLAND MUNICPAL CODE RELATING
TO ADOPTION OF THE 2004 OREGON FIRE CODE.
r.t.'
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE RELATING TO
ADOPTION OF THE 2004 OREGON FIRE CODE.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Section 1. Ashland Municipal Code Chapter 15.28 is amended to read as follows:
Chapter 15.28
FIRE PREVENTION CODE
Sections:
15.28.010
15.28.020
15.28.030
15.28.040
15.28.050
15.28.060
15.28.070
15.28.080
15.28.090
15.28.100
15.28.110
15.28.120
15.28.130
15.28.140
15.28.150
15.28.160
Adoption Of Oregon Fire Code.
Establishment of Duties.
Definitions.
Above-ground Storage of Flammable or Combustible Liquids.
Storage of Liquefied Petroleum Gases - Restricted.
Storage of Explosives - Prohibited.
Amendments to the Oregon Fire Code
Appeals.
New Materials, Processes, or Occupancies - Permits Required.
Penalties.
Severability.
Firefighting Outside City - Authorized.
Firefighting Outside City - Resources.
Firefighting Outside City - Assessment.
Plan Review/Permits - Fees.
Code Compliance Inspection - Fees.
SECTION 15.28.010
Adoption Of Oregon Fire Code.
The 2004 Oregon Fire Code and appendices A through L & SR are hereby adopted,
except where specifically excluded or modified by this section. The 2004 Oregon Fire
Code and all appendices, as excluded or modified by this section, will be referred to in
the Ashland Municipal Code as the Oregon Fire Code. One copy of the Oregon Fire
Code and appendices shall be filed in the office of the City Recorder.
SECTION 15.28.020 Establishment of Duties.
The Oregon Fire Code shall be enforced by the Fire Code Official as defined by the
Oregon Fire Code.
SECTION 15.28.030 Definitions.
A. Wherever the word "jurisdiction" is used in the Oregon Fire Code, it is the City of
Ashland. Wherever the words "Bureau of Fire Prevention" are used, they shall mean
"Fire & Life Safety Division."
SECTION 15.28.040 Above-ground Storage of Flammable or Combustible
Liquids.
The limits referred to in Section 3404.2.9.5.1 of the Oregon Fire Code in which the
storage of flammable or combustible liquids is restricted are established as follows: All
City of Ashland residential and historical district areas as defined in the Comprehensive
Plan.
SECTION 15.28.050 Storage of Liquefied Petroleum Gases - Restricted.
The limits referred to in Section 3804.2 of the Oregon Fire Code, in which storage of
liquefied petroleum gas is restricted, are established as follows: All City of Ashland
residential and historical district areas as defined in the Comprehensive Plan are limited
to the aggregate capacity of anyone installation shall not exceed a water capacity of
500 gallons. In particular installations, this capacity limit shall be determined by the Fire
Code Official, after consideration of special features such as topographical conditions,
nature of occupancy, and proximity to buildings, capacity of proposed containers,
degree of fire protection to be provided and capabilities of the City of Ashland Fire & Life
Safety Division.
SECTION 15.28.060 Storage of Explosives - Prohibited.
The limits referred to in Chapter 3301.2.3 of the Oregon Fire Code, in which storage of
explosives and blasting agents is prohibited, are established as follows: All areas within
City of Ashland limits.
SECTION 15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
A. Section 503.2.5 Dead Ends: Change 150 feet in length to 250 feet in length.
B. Section 506.1 Replace the second sentences as follows: The key box shall be
of an approved type, installed and maintained in accordance with manufacturers
instructions, and shall contain keys to gain necessary access as required by the
fire code official.
C. Section 508.5.1 & Exceptions Delete and replace with the following: The
approved fire apparatus operating area must be located within 300 feet from a
hydrant, as measured by an approved route, along an approved driving surface.
With the installation of an approved automatic fire sprinkler system, hydrant
distance may be increased to 600 feet.
D. Section 3301: Notwithstanding the exceptions listed in this section, the sale of
DOT classification 1.4G (Class C common fireworks) is prohibited within the City
of Ashland. The use of common fireworks within the City of Ashland is prohibited
during any declared fire season except when the sale of fireworks is permitted
within the State of Oregon pursuant to ORS 480.127 (June 23 to July 6 of each
year). (Ord 2871, 2001; Ord 2876, 2002)
E. Appendix B, section 105.1: Replace the entire section as follows: The minimum
fire flow requirements for one- and two-family dwellings having a fire-flow
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calculation area which does not exceed 3,600 square feet shall be 750 gallons
per minute. Fire flow and flow duration for one and two-family dwellings having a
fire-flow calculation area in excess of 3,600 square feet shall not be less than
that specified in Table B 105.1."
"EXCEPTIONS":
1. A reduction in required fire flow of 50 percent, as approved by the Fire Code
Official, is allowed when the building is provided with an approved automatic
fire sprinkler system.
2. One and two-family dwellings in excess of 3,600 square feet, when equipped
with an approved automatic sprinkler system, may have a minimum flow of at
least 375 gallons per minute. If minimum fire flow as specified in table 8105.1
cannot be met after the 50% reduction credit is applied, then the fire sprinkler
system shall be monitored by an alarm company.
F. Appendix D105.1 Change first sentence as follows: Buildings or portions of
buildings or facilities exceeding 24 feet in height above the lowest level of fire
department vehicle access shall be provided with approved fire apparatus access
roads capable of accommodating fire department aerial apparatus.
SECTION 15.28.090 New Materials, Processes, or Occupancies - Permits
required.
The Building Official, the Chief and the Fire Marshal shall act as a committee to
determine and specify, after giving affected persons an opportunity to be heard, any
new materials, processes or occupancies for which permits are required in addition to
those now enumerated in the Oregon Fire Code. The Building Official, in accordance
with section 104.9 of the Oregon Structural Specialty Code, shall record and enter in the
files of the building department any action granting approval of new or alternate
materials.
SECTION 15.28.100 Penalties.
A. Any person who violates any of the provisions of this chapter, the Oregon Fire Code
or as adopted in this chapter or who shall violate or fail to comply with any order
made thereunder, or who shall build in violation of any detailed statement of
specifications or plans submitted and approved thereunder, or any certificate or
permit issued thereunder, and from which no appeal has been taken, or who shall
fail to comply with such an order as affirmed or modified by the Ashland Appeals
Board or by a court of competent jurisdiction, within the time fixed herein, shall
severally for each and every such violation and noncompliance, respectively, be
guilty of a violation punishable by a fine as set forth in Ashland Municipal Code,
Section 1.08.020. The imposition of one penalty for any violation shall not excuse
the violation or permit it to continue: and all such persons shall be required to correct
or remedy such violations or defects within a reasonable time; and when not
otherwise specified, each ten days that prohibited conditions are maintained shall
constitute a separate offense.
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B. The application of the above penalty shall not be held to prevent the enforced
removal of prohibited conditions.
SECTION 15.28.110 Severability.
Should any section, paragraph, sentence or word of this ordinance or of the Code or
Standards hereby adopted be declared for any reason to be invalid, it is the intent of
The City of Ashland that it would have passed all other portions of this ordinance
independent of the elimination here from of any such portion as may be declared
invalid.
SECTION 15.28.120 Firefighting Outside City - Authorized.
In accord with ORS 476.290, the Fire Chief or representative is authorized to extinguish
uncontrolled fires that are found to be burning in unprotected areas situated outside the
boundaries of the City and that are causing or may cause an undue jeopardy to life or
property if, in the opinion of the Fire Chief or representative, such fire is causing or may
cause an undue jeopardy to life or property. (Ord. 1698 S1, 1971)
SECTION 15.28.130 Firefighting Outside City - Resources.
In extinguishing a fire pursuant to Section 15.28.120, the Fire Chief or representative
may employ the same means and resources used by them to extinguish similar fires
within the City.
SECTION 15.28.140 Firefighting Outside City - Assessment.
Whenever a fire is extinguished or attempted to be extinguished by the fire department
outside the City of Ashland, the owner of the property involved in such fire shall pay for
the cost of providing such fire suppression service, as follows:
A. For the first hour or fraction thereof:
1. Pumper apparatus - $250.00/hour
2. Brush apparatus - $1 OO.OO/hour
3. Rescue standby - $1 OO.OO/hour
4. Staff vehicle - $ 50.00/hour
For each piece of apparatus per hour following the first hour, payment shall be on a
fractional basis to the nearest 15 minutes.
B. Personnel cost shall be actual cost with a minimum charge of one hour for each
person responding to the fire emergency, plus all personnel costs in excess of
regular time for each person performing standby services in place of those who
respond, to be billed on a fractional basis to the nearest fifteen minutes after the
first hour for any fractional portions of hours of service. (Ord. 2711,1993)
SECTION 15.28.150 Plan Review/Permits - Fees.
For application in this city, Oregon Fire Code plan review fees shall be established by
resolution of the city council.
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SECTION 15.28.160 Code Compliance Inspection - Fees.
The schedule for fire code compliance inspections shall be established by resolution of
the city council.
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
,2006,
and duly PASSED and ADOPTED this _ day of
,2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2006.
John W. Morrison, Mayor
Reviewed as to form:
Beth Lori, Assistant City Attorney
5
CITY OF
ASHLAND
Council Communication
Request for an Exemption to the Noise Ordinance to Allow
Early Morning Operation of Street Sweepers & Service Vehicles
Meeting Date: August 15, 2006
Department: Public Works / Engineering
Contributing Departments: al
Approval: Martha Benne
Primary Staff Contact: James Olson 552-2412
E-mail: olsonj@ashland.or.us
Secondary Staff Contact: Mike Morrison 552-2325
E-mail: morrisom@ashland.or.us
Estimated Time: 15 minutes
Statement:
The Public Works Department operates two vacuum street sweepers Monday through Thursday
between the hours of 4:00 AM and 12:00 PM. The 4:00 AM to 7:00 AM operations are confined to
commercial zones and to arterial and major collectors with high traffic volumes. The sweepers exceed
the allowable decibel levels specified under AMC Section 9.08 and a variance is being requested in
the form of an ordinance amending that section to exempt transitory vehicles.
Background:
The City of Ashland has set a high standard in its responsiveness to its citizenry as well as to its
adherence to environmental and ecological rules, guidelines and standards. For this reason, the City
elected, over 15 years ago, to adopt the use of the newer style, vacuum-pickup street sweepers to
replace the old mechanical broom sweepers. The old style sweepers relied upon a series of revolving
brooms and brushes to mechanically pick-up street debris. Even though these sweepers were
equipped with a water sprinkling system, the process created large amounts of dust and was not
effective in picking up the lighter, finer, dust particles.
The City currently operates two sweepers that use slightly different technologies. The Johnston
VT650 is a full vacuum sweeper which operates two gutter brushes and a main wide-sweep brush
with twin vacuum suction nozzles. This unit also has a full sound suppression package and meets the
requirements for compliance with California's South Coast Air Quality Management District Rule 1186
for the reduction of PM-1 0 (air particulate pollution). This unit is one of the most popular sweepers
currently in production and is used worldwide. The Schwarze A700 sweeper is a regenerative air
power sweeper which uses a blower system to generate a high velocity air column to create a blast
orifice in the sweeping head. This unit also has noise reduction measure and it too meets the
CSAQMD Rule 1186 requirements. Both machines use a water spray system to further eliminate dust
and ensure that micron-sized particles are picked up and deposited in the hopper.
Of all the many functions that the Public Works Department performs on a daily basis, street
sweeping is by far the action most often requested by citizens. We receive numerous calls each week
for additional sweeping of streets, bike paths, bike lanes and parking lots. Conversely the public works
action which receives by far the least number of complaints is the noise generated by the sweepers.
The City has been operating street sweepers since the early 1950's and has fine tuned its schedule of
operations based upon safety and effectiveness, not convenience. Because of the slow speed of the
sweepers and the need to sometimes sweep opposite to the traffic flow, it is imperative that the
sweepers operate when traffic is at it lowest ebb. Of the eleven Oregon Cities polled, all had adopted
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a similar early morning schedule of operation and some of the larger cities, such as Eugene with its
large commercial and industrial areas operate their sweepers 24 hours a day.
The City sweeper operates approximately 8.5 hours per day or 34 hours per four day week. The street
sweeping schedule is currently posted on the City web site. During the leaf season (October through
January) both sweepers are in operation; one from 4:00AM to 2:00 PM, Monday through Thursday;
the other operates from 7:00 AM to 3:30 PM, Monday through Friday. The downtown area is swept
once a week which corresponds with the Parks Department cleaning of sidewalks. In past years the
downtown was swept twice a week, but increasing work loads required that some operations be
reduced.
Two years ago, during the leaf sweeping season, we experimented with a set schedule coupled with
web postings, individual mailings and signs asking residences to move their vehicles from one or
another side of the street so that leaves could be removed. Unfortunately the effort required a great
deal of staff time and was largely ignored by residents. During last year's leaf season the schedule of
each sweeper was listed on the City web page including the streets that would be done each day.
This effort, while requiring much less time and effort was only slightly more effective. It is unlikely that
specific parking limitations would be adhered to without an extreme enforcement effort by the police.
We no longer have a mechanical broom sweeper in the City's inventory and they are not commonly
used in areas where air quality (PM-10) is an issue. The difference in effectiveness between a
mechanical sweeper and a vacuum sweeper could be likened to a household carpet sweeper
compared to a vacuum with an electric power head. The mechanical sweeper cannot pick up the finer
particulate matter and even with water jets spraying on the pavement it is a much dustier operation.
Street sweeping by vacuum remains the only environmentally effective means for removing street
debris.
In general, the citizens of Ashland have high expectations regarding the cleanliness of their streets
and demand that street surfaces by maintained in pristine condition. A summary of the current weekly
schedule of sweeping is as follows:
Monday - sweep downtown areas, Winburn Way, Plaza area, East Main Street and
Walker Avenue. Residential areas after 7:00 AM.
Tuesday - sweep North Main Street, Lithia Way, Maple Street and "A" Street. Residential
areas after 7:00 AM.
Wednesday - sweep Highway 66, Tolman Creek Road and Normal Avenue. Residential areas
after 7:00 AM.
Thursday - sweep Siskiyou Boulevard, East Main Street and the Railroad District
(commercial section). Residential areas after 7:00 AM.
Second Tuesday of each month - sweep all City parking lots.
Third Tuesday of each month - sweep all bike paths.
During the past fiscal year (2004-05) a total of 6,546 miles of streets were swept with a total of 8,316
miles traveled in the process. A total of 3,098 cubic yards of debris were removed from City streets,
bike paths and parking lots. All bike paths and parking lots were swept twelve times during the year.
Our experience over the past years has demonstrated the necessity of sweeping high traffic areas
and commercial zones during the early hours of the morning prior to the arrival of delivery and service
vehicles and employees. Our sweeping schedule is similar to many cities in Oregon as shown on the
following table:
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City Sweepers in Total Hours of Hours of Operation in Hours of Operation
Operation Operation Commercial Areas in Residential Areas
Bend Unknown 4:00 AM to 8:00 AM 4:00 AM to 7:00 AM 4:00 AM to 8:00 AM
Rosebura 2 4:00 AM to 12:00 PM 4:00 AM to 8:00 AM 8:00 AM to 12:00 PM
Phoenix/Talent 1 4:30 AM to 12:00 PM 4:30 AM to 7:00 AM 7:00 AM to 12:00 PM
Corvallis Unknown 4:00 AM to 4:30 PM Unknown Unknown
Medford Unknown 3:30 AM to 3:00 PM 3:30 AM to 7:00 AM 7:00 AM to 3:00 PM
Jacksonville
White Citv
Euaene Unknown 24 hours a dav / 3 shifts / 5 days a week
Grants Pass Unknown 5:00 AM to 6:00 PM 5:00 AM to 8:00 AM 7:00 AM to 6:00 PM
SprinQfield 3 4:00 AM to 12:00 PM 4:00 AM to 7:00 AM 7:00 AM to 12:00 PM
The nominal operating speed for a street sweeper is 5 miles per hour. This ensures a thorough pickup
of debris, but can provide frustrating traffic delays during busy traffic hours. Most cities find it nearly
impossible to sweep busy arterial streets or commercial areas after 7:00 AM. In residential areas the
opposite is true as streets tend to have less on-street parking during normal work hours.
AMC Section 9.08.170 states that "sustained noise levels shall be reduced by 5 dBA during the hours
of 9:00 PM to 7:00 AM." Following is a comparison of the noise levels generated by several types of
vehicles:
DECIBELS (dBA)
Vehicle Idling at 10 Operating Idling at 75 Operating at
Feet at 10 Feet Feet 75 Feet
Delivery Truck 74.4 dBA Unavailable Unavailable Unavailable
Diesel Pickup Unavailable 78.3 dBA Unavailable Unavailable
Garbage Truck 73.3 92.1 dBA Unavailable Unavailable
Schwartz; Sweeper 76.7 dBA 91.2 dBA 66.1 dBA 76.7 dBA
Johnston Sweeper 66.2 dBA 88.9 dBA 55.4 dBA 73.0 dBA
Train Unavailable 109.8 dBA Unavailable Unavailable
Although our sweeping schedule has remained unchanged for years, a recent citizen complaint has
prompted the evaluation of our operations and has culminated in a formal request for a variance in the
specified hours of operations due to noise parameters.
Related City Policies:
AMC Section 9.08.170A establishes acceptable noise levels within the City limits. It states that:
9.08. 170A No person shall make, assist in making continue or cause to be made any loud
disturbing or unnecessary noise which either annoys, disturbs, injures or endangers
the comfort, repose, health, safety or peace of others.
9.08. 170B The standard for judging loud, disturbing and unnecessary noises shall be that of
an average, reasonable person with ordinary sensibilities after taking into consideration
the character of the neighborhoods in which the noise is made and the noise is heard.
9.08. 170C Any source of noise which exceeds the following standards is considered a public
nuisance:
1. Decibel Noise Standards
Allowable Statistical Noise Levels in any One Hour
7 a.m. to 9 p.m. 9 p.m. to 7 a.m.
L50 - 50DBA L50 - 45 DBA
L 10 - 55DBA L 10 - 50 DBA
L 1 - 60 DMA L 1 - 55DBA
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Where:
L50 = noise level exceeded 50% of the time
L 10 = noise level exceeded 10% of the time
L 1 = noise level exceeded 1 % of the time
Under Section 9.08.170C(5) the Council is authorized to grant a variance to the Decibel Noise
Standards when it finds that strict compliance with the ordinance would cause an unusual and
unreasonable hardship to a commercial or industrial use.
Although the sweepers do exceed the specified noise level of 55 dBA it is not a sustained noise level
and the duration is much less than the allowed exceedence of 1 % of the time (approximately 15
minutes). (A sweeper traveling at 10 miles per hour covers 880 feet per minute therefore a sweeper
would be adjacent to the average width lot for less than 9 seconds.)
For stationary type commercial or industrial operations which violate the noise standards a public
hearing is required. The use of the sweeper does not meet this requirement as its use is transitory
and does not provide a sustained noise level of over 1 % of the time.
Summary:
Last year we collected 3,098 cubic yards or 309 truck loads of debris from our City streets, paths and
parking lots. This is material that will not contribute to air and water pollution. Street sweeping, with
approved equipment remains the best and most efficient method of controlling air and water pollution
from our streets and is listed as a Best Management Practice (BMP) in our DEQ NPDES Phase II,
MS4 Stormwater permit. Although this issue was brought to light through a complaint regarding the
street sweeper operation, the exemption would also apply to other public service oriented operations
such as garbage collection and street painting.
Council Options:
Council may grant an exemption to transitory vehicular noise which would enable the Public Works
Department to continue to operate its street sweepers between the hours of 4:00 AM to 12:00 PM with
the hours of 4:00 AM to 7:00 AM reserved for operation within the Central Business District,
commercial! industrial areas, and arterial and major collector streets. Operation on neighborhood
residential streets to be limited to the hours between 7:00 AM and 12:00 PM.
Council may decline to grant an exemption for transitory vehicle noise before 7:00 AM thereby
reducing the hours of operation of the street sweeper.
Staff Recommendation:
Staff recommends approval of the ordinance allowing an exemption to allow transitory vehicle noise to
allow operation of the street sweeper and other service operations during the hours between 4:00 AM
and 12:00 PM with the hours of 4:00 AM to 7:00 AM reserved for operation within the Central
Business District, commercial and industrial areas and on arterials and major collectors.
Staff further recommends that street sweeping operations should not be curtailed in anyway, but
should be aggressively pursued in keeping with environmental policy as exemplified by the Council's
adoption of the Valdez Principles in May of 1990. Increased sweeping efforts would also be in keeping
with identified BMPs as outlined in the City's NPDES Phase II, MS4 stormwater permit.
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Potential Motions:
Council may move to approve the ordinance allowing an exemption to allow transitory vehicle noise
as recommended by staff;
or
Council may move to deny approval of the ordinance;
or
Council may move to delay the approval of the ordinance pending additional changes or clarification
to the noise ordinance.
Attachments:
Draft ordinance
Letter from Lars D. Svendsgard of February 22, 2006
Copy of "Valdez Principles"
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ORDINANCE NO.
AN ORDINANCE AMENDING ASHLAND MUNICIPAL
CODE SECTION 9.08.170C TO EXEMPT TRANSITORY
VEHICLES FROM THE NUISANCE NOISE PROVISIONS
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 9.08.170C of the Ashland Municipal Code shall be amended to
read as follows:
SECTION 9.08.170 Unnecessary Noise.
C. Any source of noise which exceeds the following standards is considered a
public nuisance:
1. Decibel Noise Standards
Allowable Statistical Noise Levels in any One Hour
7 a.m. to 9 p.m. 9 p.m. to 7 a.m.
L50--50 DBA L50--45 DBA
L 10--55 DBA L 10--50 DBA
L 1--60 DBA L 1--55 DBA
where:
L50 = noise level exceeded 50% of the time
L 10 = noise level exceeded 10% of the time
L 1 = noise level exceeded 1 % of the time
2. Standards for measurement. Standards for measurement of noise sources shall
be described in "Sound Measurement Procedures Manual," current revision, as
adopted by the State Department of Environmental Quality.
3. Where measured. Measurement of a noise source shall be made from the
closest residential structure in a residential zone.
4. Construction activities exempted. Noise from temporary construction activities is
exempted from the noise performance standards from 7:00 a.m. to 9 p.m.
5. Transitory vehicular noise exempt. Noise from transitory vehicles, includinq but
not limited to street sweepers, qarbaqe trucks, delivery trucks or service trucks,
operated in accordance with state law requirements is exempted durinq the hours of
7:00 am throuqh 11 :00 pm. Durinq the hours of 11 :00 pm throuqh 7:00 am noise from
transitory vehicles is also exempted so lonq as the vehicle does not remain runninq in
one location for more than ten consecutive minutes when that location is within 75 feet
of a residence.
QB. Variances. The Council may grant variance to the Decibel Noise Standards
when it finds that strict compliance with the ordinance would cause an unusual and
unreasonable hardship to a commercial or industrial use.
a. The Council shall notify all adjacent residential structures within 200 ft. of the
Ordinance Page - 1
C FILENAME \p C:\DOCUME-l\stephens\LOCALS-l\Temp\Vehicular noise exemption 9-08-170C.docli
. I
proposed variance and shall hold the public hearing on the variance prior to making any
decisions on the request for a variance.
b. The variance shall be the minimum necessary to alleviate the unreasonable
hardship. (ORd 2215, 1982)
I
I
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
,2006,
and' duly PASSED and ADOPTED this
day of
,2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2006.
John W. Morrison, Mayor
Rev;' ed as. toAQJm: /.------.
/ 1..//' / .
. /;,,,.."/ ,I /
1//'" ,,( ..,;/ I /
// /"-..A-- .(rz-/""...____V
~khael W. F)'anell, City Attorney
Ordinance Page - 2
U FILENAME \p G:\legal\Mike\Ordinances\Vehicular noise exemption 9-OB-170C.docD
Lars D. Svendsgaard
183 Vista Street
Ashland, OR 97520
(541) 488-3142
.l~ftwltd II? ~ ~. 7J7A,
1> II!; I~~ ~ I1l1d
1/1'/66
RECEIVED In?
FEB 2 7 Z006
City of Ashland
February 22, 2006
Mike Franell, City Attorney
City of Ashland
20 East Main Street
Ashland, Oregon 97520
Dear Mr. Franell,
I am writing to you pursuant to the question of whether the City of Ashland must
obey its own ordinance regarding noise. It has recently been city policy to
operate the street sweeper beginning at approximately 4:30am. Most weeks the
operation takes place on both Monday and Tuesday mornings.
I have inquired with both the police department and the street division of the city.
To avoid covering old ground, I am aware that 'this is an ideal time to sweep the
streets' and that it is 'a big vacuum cleaner', and that the city allegedly has kept
this schedule for many years. I would question whether this activity was always
initiated at 4:30am, as it has just recently begun to disturb our sleep. The police
dispatcher had an officer contact us, then nothing happened. I went straight to the
street department and was told that operation would be kept off of Hargadine, the
street directly below us. While appreciated, this is not enough; the noise is still
unacceptable. I then contacted the police again, to inquire as to which agency
would actually enforce the noise ordinance. She admitted being uncertain as to
how the police might proceed (or not proceed) in this case because of the city
having 'permits' or the like. My reading of the noise ordinance notes no
exception for city entities. It clearly states no noise in the amount of 45 decibels
for a given duration prior to 7am. It is my understanding that the police
department has the obligation to enforce this law. If! had a wild party at 4:30am
on Monday morning I am certain that enforcement would occur 'promptly'.
The effect of this noise, which is primarily very high frequency sound waves,
cannot be underestimated in its deleterious effects on sleep, and thus overall
health. This noise continues unabated for well over an hour in duration, during
which time sleep is impossible. While it's understandable that the city has an
interest in keeping the streets clean, it also apparently has an interest in the
peaceful existence of its citizens; thus a clear noise ordinance exists. The
operation of this equipment at 4:30am flies in both the spirit and letter of this law.
I enclose a clipping taken from The San Francisco Chronicle. Please note the
form of "menacing" taken by the subject of this case against his neighbors.
Although malice is lacking by the street sweeper, the effect is the same.
Any attention and time you may give this matter is greatly appreciated. My
request is that the city abides by its own law. Operation of this extremely noisy
machine prior to 7am should be curtailed
Sincerely,
Lars D. Svendsgaard
Cc: Mayor John Morrison
Joe Strahl Public Works
Chief Mike Bianca, APD
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VALDEZ PRINCIPLES
By endorsing these Principles, we publicly affirm our belief that the City of Ashland, Oregon, has a direct
responsibility for the environment. We believe that we must conduct the public's business as responsible stewards
of the environment and seek goals only in a manner that leave the Earth healthy and safe. We believe that the
City must not compromise the ability of future generations to sustain their needs.
We recognize this to be a long term commitment to update our practices continually in light of advances in
technology and new understandings in health and environmental science. We intend to make consistent,
measurable progress toward the ideal that these principles describe, and to apply them wherever we operate, in a
manner consistent with our other obligations under law.
1.
Protection of the Biosphere. 6.
We will minimize and strive to eliminate
the release of any pollutant that may
cause environmental damage to air,
water or earth or its inhabitants. We will
safeguard habitats in creeks, ponds,
wetlands, natural areas and will 7.
minimize contributing to global warming,
depletion of the ozone layer, acid rain or
smog.
Sustainable Use of Natural
Resources.
We will make sustainable use of 8.
renewable natural resources, such as
water, soils and forests. We will
conserve nonrenewable natural
resources through efficient use and
careful planning., We will protect wildlife
habitat, open spaces and wilderness,
while preserving biodiversity.
Reduction of Disposal of Waste.
We will minimize the creation of waste,
and wherever possible, recycle
materials. We will dispose of all wastes 9.
through safe and responsible methods.
Wise Use of Energy.
We will make every effort to use
environmentally safe and sustainable
energy sources to meet our needs. We
will invest in and promote energy 10.
efficiency and conservation in our
operations and that of our citizens.
Risk Reduction.
We will minimize the environmental,
health and safety risks to our
employees and the communities in
which we operate by employing safe
technologies and operating procedures
and by being constantly prepared for
emergencies.
2.
3.
4.
5.
Safe Products and Service.
We will provide services that minimize
adverse environmental impacts and that
are safe for consumers. We will inform
consumers of the environmental impacts
of our service.
Damage Compensation.
We will take responsibility for any harm we
cause to the environment by making every
effort to fully restore the environment and
to compensate those persons who are
adversely affected.
Disclosure.
We will disclose to our employees and to
the public incidents relating to our
operations that cause environmental harm
or pose health or safety hazards. We will
disclose potential environmental, health or
safety hazards posed by our operations,
and we will not take any action against
employees who report any condition that
creates a danger to the environment or
poses health and safety hazards.
Environmental Directors and Managers.
At least one member of management will
be a person qualified to represent
environmental interests and will commit
management resources to implement
these Principles.
Annual Assessment.
We will conduct and make public an
annual self-evaluation of our progress in
implementing these Principles and in
complying with all applicable laws and
regulations.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\Blank Contract Doc 2005.doc
CITY Of
ASHLAND
Council Communication
Meeting Date: August 15, 2006
Department: Public Works I Engineering
Contributing Department. ance
Approval: Martha Benn
Approval of a Resolution Accepting the Grant Offer from the Oregon
Department of Aviation for Obstruction Removal in the Ashland Municipal
Airport Approach Zone
Primary Staff Contact: Paula Brown, 552-2411 ~
E-mail: brownp@ashland.or.us
Secondary Staff Contact: James Olson, 552-2412
E-mail: Olsonj@ashland.or.us
Estimated Time: 5 minutes (Resolution)
Statement:
The Oregon Department of Aviation has offered a $20,000 Federal Aid to Municipalities (FAM) grant
to the City of Ashland for removal of obstructions within the runway approach zone at the Ashland
Municipal Airport. The conditions of the grant require that the City adopt and ratify the conditions and
assurances contained within the grant agreement by approval of the attached resolution.
Background:
The Ashland Municipal Airport was originally built, expanded and continues to be partially maintained
using Federal Aviation Administration (FAA) funding. Each of the Oregon airports built with FAA
grants requires assurances that state, among other issues, that the airport will be continually
maintained in accordance with FAA standards.
One such standard requires that the runway approach zones, object free areas and obstacle free
zones be kept clear of obstructions that might be detrimental to flight operations. This standard
requires continual maintenance especially into the approach zone of Runway 30. This approach
extends over Neil Creek which has a large surrounding growth of Cottonwood and Alder Trees and
requires trimming every 5 to 8 years. The City has acquired an easement from the property owners in
this area which allows the City to trim the trees on a regular basis. Trimming is done by an arborist so
that damage to the trees is minimized. Tree trimming was last done is 1998 and previously in 1992,
1987 and 1980.
During the last trimming project a total of 52 trees were trimmed at a cost of $10,650. It is estimated
that approximately 40 trees will be trimmed under the current project at an estimated cost of
approximately $20,000. The grant requires a 10% ($2,000) City match which will be a "soft match" of
engineering personnel labor and contract surveying. No additional City or Airport funds will be used.
A similar grant in the amount of $10,000 was awarded to the City in September, 2005. Unfortunately
last fall and winter were unseasonably wet with unprecedented flooding along Neil Creek. The work
window for this type of work is short and is limited to the fall after the leaves have dropped, but before
the soils become too saturated to support heavy equipment. Wetter than normal weather limitations
did not allow completion of the work last year and the Oregon Department of Aviation was unable to
extend the contract time. The previous grant was rescinded and the City reapplied for this grant in
May of this year. The grant amount was increased in anticipation of extra costs due to construction
cost inflation and extra work resulting from the January, 2006 high waters and flooding along Neil
Creek.
G:\pub-wrks\eng\dept-admin\AIRP\CC FAM Grant Tree Trimming Approval 706.doc
~~,
Related City Policies:
Chapter 18.60 of the Ashland Municipal Code sets forth the restrictions associated within the Airport
Overlay Zone. Section 18.60.020 (8) states the maximum height of structures, trees and other
airspace obstructions shall be 20 feet. Section 18.60.030 (A) further states that "The City may top any
tree which is in excess of those maximum heights listed in section 18.60.020 ..."
The Ashland Municipal Airport Master Plan also considers the issue of airspace and runway clearance
zone protection. The existing clearance plan was developed based upon Federal Aviation Regulations
(FAR) Part 77 and requires that obstructions affecting the navigable airspace be identified and
removed as necessary.
Council Options:
The Council may accept the $20,000 FAM grant with its requirements and obligations or may reject
the offer.
Staff Recommendation:
Staff recommends approval of the resolution accepting the grant offer with authorization for the City
Administrator to sign the agreement and the Mayor and recorder to sign the resolution.
Potential Motions:
Council may move to accept the grant offer with authorization for the Mayor and City Recorder to sign
the attached resolution and for the City Administrator to sign the attached grant agreement.
Council may move to reject the grant and direct staff to notify the Oregon Department of Aviation of
that rejection.
Attachments:
Resolution
Grant Agreement
Diagram of Approach Zones and Obstruction Analysis
G:\pub-wrks\eng\dept-admin\AIRP\CC FAM Grant Tree Trimming Approval 7 06.doc
rA'
RESOLUTION 2006-
A RESOLUTION ACCEPTING THE GRANT OFFER OF
THE STATE OF OREGON THROUGH THE OREGON DEPARTMENT OF A VIA TION
IN THE MAXIMUM AMOUNT OF $20,000 TO BE USED UNDER
THE FINANCIAL AID TO MUNICIPALITIES PROGRAM IN
THE MAINTENANCE OF ASHLAND MUNICIPAL AIRPORT.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the City of Ashland shall accept the Grant Offer of the State of Oregon in the
amount of $20,000 for the purpose of obtaining State Aid in the maintenance of approach zones
and obstacle free zones at Ashland Municipal Airport; and
SECTION 2. That the City Administrator for the City of Ashland is hereby authorized and
directed to sign the Statement of Acceptance of said Grant Offer on behalf of the City of
Ashland, and the City Recorder is hereby authorized and directed to attest the signature of the
City Administrator and to impress the official seal of the City of Ashland on the aforesaid
statement of Acceptance; and
SECTION 3. A true copy of the Grant Offer referred to herein is attached hereto and made a part
hereof.
This resolution was read by title only in accordance with Ashland Municipal Code ~2.04.090 and
duly PASSED and ADOPTED this day of ,2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2006.
John Morrison, Mayor
/" AIRPORT PROPERTY UNE
./ NWAV 30
''''''' EL. 1885'
'f1I~_____---------~------
--- - APPRO/.Ql SURfACE
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PROFILE 'v1EW
OBSTRUCTION
ANALYSIS
CITY 015T.
fROM OIST ANCE
PROPERTY MSl It ~'g7l) OUT LENGTHI
NO. ITEM (N/Y) ELEV. EXIST, HEIGHT . AcnON
1 TREE N 1964.0' 183'l 1141' 79' 57'/y
2 IIllIlOING y 1918.0' 25' 960' 30' N
3 ROAD N 1910.0' ,80'L 650' +15' N
4 TREE N 1855.3' l89'R - 73' ?
5 TREE N 1852.3' .301'R - 53' ?
6 TREE N 1853.3' ;~S'R - 60' ?
7 lREE N 1852.7' ;jQJ'R - 63' ?
S TREE N 1851.7' JIO'R - 67' J(;'/y
9 TREE Y 1846.9' :i57'R - '55' N
10 lREE Y 1853.9' ,iS7'R - 40' N
11 lREE N 1856.7' J(;3'R - 43' N
12 TREE N 1846.8' ;jQS'R - 64' ?
13 TREE N 1850.9' ~57'R - 52' 31'/y
14 lREE N 1849.2' 252'R - 68' 4O'/y
15 lREE N 1846.3' 260'R - 58' 34'/y
16 TREE N 1851.7' 232'R - 60' 44'/y
17 TREE N 1851.6' 242'R - 61' 44'/y
18 TREE N 185J.6' 24O'R - 53' Ja'/y
19 TREE N 185J.3' 247'R - 48' 32'/y
20 TREE N 1850.2' ~J(;'R - 51' 34'/y
21 TREE N 1851.4' Z2S'R - 51' 37'/y
22 TREE N 1849.5 :!J5'R - 45' 29'/y
23 lREE y 1849.2' 190'R - 32' 23'/y
24 lREE N 1843.9' :!OO'R 120' 40' ,
25 TREE Y 1833.6' '35'R 210' 50' 37'/Y
26 TREE y 1827.0' 145'R 240' 55' 34'/y
27 TREE N 1853.6' 223'R 300' 71' ,
28 TREE N 1837.4' 24$'R 250' 57' ,
29 TREE N 1837.5' 195'R 250' 87' ,
30 TREE Y 1845.9' 125'R - 37' 3S'/y
'. 31-- TREE .y 1845:9' . 110'R - 37' 35'/y
-
32 . .TREE ,Y 18111.7: ~60'R - '1' 68'/r.
J3 TREE -Y 184'9.7' 167'R - 84' 77'/y -
34 TREE Y 1849.1' m'R - 78' 69'/y
35 TREE Y 1853.0' \95'R - 59' 49'/Y
J(; TREE N 1847.7' 155'R - 8e' 63'/y
37 TREE y 1846.6' 275'R - 44' ,
Ja TREE Y 1854.2' J07'R - 47' ,
39 ROAD N 1851.0' \25'L 70' +10' RELOC'" TE
40 IlUllOlNG N 1913.6f ~50'R - 24' N
. ACllONS
Y c TRIM
N = NONE
, c UNDECIDED
AIRPORT AIRSPACE DRAWING WITH PLAN AND PROFILE VIEWS
ASHLAND MUNICIP At AIRPORT
ASHLAND, OREG~
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-: 41
Dregon
Theodore R. Kulongoski, Governor
July 21, 2006
3040 25th Street SE
Salem, OR 97302-1125
Phone: (503) 378-4880
(800) 874-0102
FAX: (503) 373-1688
Jim Olson, Interim Director of Public Works
City of Ashland
20 E. Main Street
Ashland, Oregon 97520
RE: Financial Aid to Municipalities Grant Agreement: FAM 07-002.
Dr. Mr. Olson,
The State Aviation Board approved the City of Ashland 2007 F AM Grant request and has
authorized $20,000 in grant funding from the Oregon Department of Aviation (ODA).
Enclosed are the F AM Grant Agreement and a sample Resolution and Certification.
Please sign both forms and mail them back to ODA. One fully executed document will
be returned to you for your records.
To request the grant funds allocated to the City of Ashland please refer to the information
detailed in the F AM Grant Agreement.
Sincerely,
()40\ \.J tJ~ ~
Robert W. Hidley, A.A.E.
Director
Enclosures (3)
Fonn HOl-9RO I (I-OJ I
F AM07 -002
STATE OF OREGON
DEPARTMENT OF AVIATION
FINANCIAL AID TO MUNICIPALITIES GRANT AGREEMENT
This AGREEMENT is made and entered into by and between the STATE OF OREGON,
acting by and through its Department of Aviation, hereinafter referred to as "Aviation",
and the City of Ashland, hereinafter referred to as the "Municipality."
RECITALS:
WHEREAS, the Municipality has submitted to the State a request for a Financial Aid to
Municipalities Program project, for vegetative obstruction mitigation- trimming of
trees in violation of both object free area and obstacle free zone clearing
standards}or Ashland Municipal Airport, together with plans and specifications for
such project, is hereby incorporated by reference and made a part of this grant
agreement, Exhibit A; and
By the authority granted in ORS 190.110, state agencies may enter into agreements
with units of local government for the performance of any or all functions and activities
that a party to the agreement, its officers, or agents have the authority to perform.
By the authority granted in ORS 836.025, Aviation may, out of money available for this
purpose, plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate,
protect and police airports. Aviation may exercise this power jointly with any
, municipalities or agencies of the state government, other states or their municipalities,
or the United States, by authority granted in ORS 836.040.
By the authority granted in ORS 836.015, Aviation may render financial assistance by
grant or loan or both to any municipality or municipalities acting jointly in the planning,
acquisition, construction, improvement, maintenance or operation of an airport owned or
controlled by, or to be owned or controlled by such municipality.
NOW, THEREFORE, in consideration of (a) the Municipality's adoption and ratification
of the representations and assurances contained in its project application, and its
acceptance of this offer as hereinafter provided, and (b) the benefits to accrue to the
State of Oregon and the public from the accomplishment of the project and the
operation and maintenance of the airport as herein provided, it is agreed by and
between the parties as follows:
TERMS OF AGREEMENT
The maximum obligation of the State payable under this grant shall be $20,000. The FAM
grant match requirements are based on the airport's category as listed in the current Oregon
Aviation Plan. Ashland Municipal Airport is a Category 4 Airport, with a match of
10%.
2007 FAM Grant
Ashland Municipal Airport
FAM07-002
This agreement shall become effective on the date all required signatures are obtained and
shall remain in effect until completion, or until June 30, 2007, whichever event occurs first.
Municipality Obligations:
1. Municipality must carry out and complete the project in accordance with the plans
and specifications and property map, incorporated herein, as they may be revised or
modified with the approval of the State. Municipality shall notify Aviation in writing of
changes in the project activities prior to performing any changes and will not perform
any changes with out written approval from Aviation.
2. Municipality must certify that this project was bid competitively in accordance with
bidding procedures for public contracts involving construction.
3. Aviation will not disburse grant monies to the Municipality for this airport project until:
a) In the case of a "force account" project, the project is completed and an itemized
statement for the cost of materials along with an itemized statement of labor and
equipment costs have been submitted to the State.
b) All labor rates and equipment costs must be preapproved by the State. Labor
and equipment hourly rates shall not include overhead.
4. Municipality must spend or obligate money allocated for projects within the fiscal
year for which allocated or Aviation may withdraw the allocation.
5. In accepting Financial Aid to Municipalities Program funds, the Municipality agrees
that during the lifetime of this agreement, it shall not grant any exclusive right for the
use of the airport, improvements or services at the airport.
6. Municipality must maintain and operate the airport as an airport in a usable, safe,
and orderly manner at all times for a period of at least 20 years. Further, all income
derived from the airport shall be deposited in an airport account and these funds
shall be used only for operation, maintenance or capital improvement of the airport.
7. Municipality is responsible for all costs and expenses related to its employment of
individuals to perform the work under this agreement, including but not limited to
retirement contributions, workers' compensation, unemployment taxes, and State
and Federal income tax withholding.
8. Municipality shall, to the extent permitted by the Oregon Constitution and the Oregon
Tort Claims Act, hold Aviation harmless from liability for any costs, fees or expenses
that may be incurred in the performance of this agreement.
9. Municipality agrees and understands that in acting under this agreement and under
any subcontracts entered into under this agreement, it will comply with all applicable
federal, state, and local laws, regulations, executive orders and ordinances
applicable to the work including, but not limited to, the provisions of ORS 279.314,
2007 FAM Grant 2 FAM07-002
Ashland Municipal Airport
... I
279.316,279.320, and 279,555, incorporated herein by reference and made a part
of this agreement.
GENERAL PROVISIONS
Aviation Obligations:
1. Aviation will reimburse eligible costs incurred by Municipality in carrying out the
project subject to the amounts shown in the project application, Exhibit A. Such
reimbursement shall not exceed the Agreement Amount.
2. Aviation certifies at the time this agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this agreement within
Aviation's current appropriation or limitation of current biennial budget. Municipality
understands and agrees that Aviation's payment of amounts after the last day of the
current biennium is contingent on Aviation's receiving authorization from the
Legislative Assembly to continue to finance costs of this agreement.
3. Aviation reserves the right to withhold payment of funds if there are unresolved audit
findings, or inadequate information concerning Municipality's project activities.
Aviation reserves the right to reallocate any portion of the Agreement Amount,
which, based on its estimate, will not be used by Recipient.
4. The allowable costs of the project shall not include any costs determined by the
State to be ineligible for consideration. Allowances will not be granted for land values
for previously acquired land, value of buildings or other improvements, airport
operations and maintenance expenses such as expenditures for wages or salaries,
utilities, services vehicles, and all other non-capital expenditures comprised of items
such as: insurance premiums, professional services (except for engineering of
proposed airport capital improvements under FAM Program), supplies, construction
equipment, upkeep and landscaping, and such other items of expenditure which
may be properly designated as "operations and maintenance."
5. The parties, Municipality's or Aviation's subcontractors, if any, and all employers
working under this agreement are subject employers under the Oregon Workers'
Compensation Law and shall comply with ORS 656.017, which requires them to
provide workers' compensation coverage for all their subject workers.
6. Performance of this agreement shall not be subcontracted in whole or in part, except
with the written consent of Aviation. Municipality shall not assign this agreement in
whole, or in part or any right, privilege, duty or obligation hereunder, without the prior
written consent of Aviation.
7. This agreement shall incorporate and shall be subject to the applicable terms and
conditions specified in Aviation's administrative rules, as they are amended from
time to time.
2007 FAM Grant
Ashland Municipal Airport
3
FAM07-002
8. Inspection Schedule and Reportina System:
Except for those projects receiving both State and Federal Aid, the following
inspection schedule and reporting system is required. The Inspection Schedule will
be placed on a quarterly basis. On projects taking less than three (3) months, the
Municipality must make reports and be inspected on the following schedule:
a) Municipality report project commencement date.
b) Municipality report project completion date and request final inspection.
c) State will make final inspection and sign off project as completed.
d) State will require Municipality to submit verification of all expenditures to
substantiate partial and final payment.
TERMINATION
1. Parties' Riaht to Terminate for Convenience. This agreement may be terminated by
mutual written consent of both parties.
2. Aviation's Riaht to Terminate for Convenience. Aviation may, at its sole discretion,
terminate this agreement, in whole or in part, upon thirty days written notice to
Municipality.
3. Aviation's Riaht to Terminate for Cause. Aviation may terminate, in whole or in part,
immediately upon notice to Municipality, or at such later date as Aviation may
establish in such notice, upon the occurrence of any of the following events:
a. If Municipality fails to provide services or funds called for by this agreement
within the time specified herein or any extension thereof.
b. If Municipality fails to perform any of the other provisions of this agreement, or so
fails to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice from Aviation fails to
correct such failures within 10 days or such longer period as Aviation may
authorize.
c. If Federal or state laws, regulations or guidelines are modified or interpreted in
such a way that the work by Municipality under this agreement is no longer
allowable or is no longer eligible for funding proposed by this Agreement.
d. Both parties agree that continuation of the project would not produce results that
are commensurate with the further expenditure of funds.
2007 FAM Grant
Ashland Municipal Airport
4
FAM07-002
IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and
year written below.
[For any grant agreement that is over $100,000.00]
REVIEWED FOR AVIATION
BY: N/A
Assistant Attorney General
Date
State of Oregon
Department of Aviation
By:
Larry G. Weber
Title: State Airports Manaqer
Date:
City of Ashland
(Name of Municipality)
By:
Title:
Date:
2007 FAM Grant
Ashland Municipal Airport
5
FAM07-002
CITY OF
ASHLAND
Council Communication
Reading of an ordinance Withdrawing an Annexed Area from Jackson County
Fire District No.5 (Crowson Business Center, LLC ANNEXATION, 593
Crowson Road)
Meeting Date: August 15, 2006
Department: Community Development
Contributing Departments: Leg~~etti1l)1
Approval: Martha Ben;:;, 'f:1
Primary Staff Contact: Bill Molnar, 552.2042,
molnarb@ashland.or.us
Secondary Staff Contact: Maria Harris, 552-
2045, harrism@ashland.or.us
Estimated Time: 5 minutes
Staff Recommendation:
Staff recommends that the Council approve the ordinance on first reading and move the
ordinance to second reading.
Statement:
At the July 19, 2005 meeting, the Council approved the application for an Annexation of a 1.6
acre parcel located at 593 Crowson Road. The findings supporting that decision were adopted by
the Council at their November 16th, 2005 meeting.
Background:
A legal description of the property is attached. This step is required to withdraw this area from
the special taxing district of Jackson County Fire District No.5.
Related City Policies
Since the Council has already approved the land use ordinance portion annexing the area, it has
previously found that the applicable goals and policies of the City have been met by this request.
Council Options:
Council can choose to move the ordinance to second reading, or choose not to withdraw the
property from the jurisdiction of Fire District 5.
Potential Motions:
Approve the ordinance on first reading and move to second reading.
Attachments:
Ordinance
Annexation Area Description
r.,
12654RjlT
EXHIBIT A
f,colnning at a point on the northeaster Ly right of way line of the Southern Pacific
)Itpany, in Section 14, TO'.vnship 39 South of Range 1 East of the \'/illClmette Meridian In
~ckson County, Oregon, which point bears North 31000' I'lest 161.14 feet from an iron pipe
: the intersection of said line with the northvlesterly right of way] ine of the Crm:sOJ1
,ad; thence North 50"15' East, parallel with the Crowson Road, 142.79 feet; thence Soul h
)000' East 159.26 feet to the northwesterly right of way liIle of said Crowson Road;
lence North :,0015' East, (110ng said line, '18.35 feet to a S/8" iron rod at the southerly
lint of tract convej'ed to th", State of Oregon, by and through its State Highway
lmmission, in deed recorded in Volume 51('; page 463 of tbe Deed Records of c1ackson Count y,
~egon; thence North 42007' East, along the northwesterly line of said tract, 106.10 fept;
lence North 39"06' West 278.10 feet to the southeasterly corner of tract described in
)lume 539 page 226 of said Deed Records; thence South 50015' West, along the southerly
.ne of said tract, 309.41 feet to the northeasterly right of way of sai.d Southern Pacific
)mpany; thence South 31000' East, alonJ saj d line, 135. '12 feet to the point of beginning.
:ode 5-08, Account #1-011842-7, Map #391E14D, Tax Lot #500)
J?) 12
ORDINANCE NO.
AN ORDINANCE ANNEXING PROPERTY AND WITHDRAWING
AN ANNEXED AREA FROM JACKSON COUNTY FIRE DISTRICT
NO.5 (593 Crowson Annexation)
Recitals:
A. The owner of the property described in the attached Exhibit "A" has
consented to the annexation of this property to the City of Ashland. There are no
electors residing in the tract to be annexed.
B. Pursuant to ORS 222.524 a public hearing was held on June 7, 2005,
and July 19, 2005, on the question of annexation and a public hearing was held
February 21,2006, at 7 p.m., in the Council Chambers, Civic Center, 1175 East
Main Street, Ashland, Oregon, on the question of withdrawal of this property from
Jackson County Fire District NO.5.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The land described in the attached Exhibit "A" is declared to be
annexed to the City of Ashland.
SECTION 2. The land described in attached Exhibit "A" is declared to be
withdrawn from Jackson County Fire District No.5 pursuant to the provisions of
ORS 222.111.
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
, 2006, and
duly PASSED and ADOPTED this
day of
,2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2006.
John W. Morrison, Mayor
EXHIBIT A
Beginning at a point on the Northeasterly right-of-way line of the Central Oregon &
Pacific Railroad in Section 14, Township 39 South, Range 1 East of the Willamette
Meridian in Jackson County, Oregon, which point bears North 30 degrees 47'20" West
(Record North 31 degree 00' West) 296.56 feet from the intersection of said right-of-way
line and the northerly right-of-way of Crowson Road; thence North 50 degree 20'38" East
309.60 feet (record North 50 degree 15' East 309.41 feet) to the westerly right-of-way of
Benson Way; thence along said right-of-way line South 39 degree 00'22" East 273.03
feet to intersect the northerly right-of-way line of Crowson Road, as said right-of-way is
set forth in Volume 510, Pages 234-235 of Deed Records of said Jackson County;
thence South 39 degree 39'22" East 100.00 feet to the southerly right-of-way line of said
Crowson Road; thence along said right-of-way, South 50 degree 20'38" West 56.06 feet
to an angle point; thence continue along said right-of-way, South 57 degree 56'19" West
128.98 feet; thence leaving said right-of-way, North 39 degree 39'22" West 65.91 feet to
the Southeast corner of that tract of land described in Instrument No. 75-10559, official
records, Jackson County, Oregon; thence along the easterly boundary of said tract,
North 39 degree 54'22" West (Record North 39 degree 06' West) 156.26 feet to the
northeast corner thereof; thence along the northerly boundary of said tract, South 50
degree 20'38" West (Record South 50 degree 15' West) 142.79 feet to the easterly right-
of-way line of the aforesaid Central Oregon & Pacific Railroad; thence along said right-
of-way, North 30 degree 47'20" West (Record North 31 degree 00' West) 135.42 feet to
the point of beginning.
DOCUMENT SUBMITTED AT
AUGUST 18, 2006
CONTINUED COUNCIL MEETING
RARE EARTH
33 N. Main Street Ashland, OR 97520
541.482.9501 Fax: 541.488.0715
RareEarthStore.com
June 20, 2006
TO: Mike Franell
FROM: Marcy Davy, Business Owner, Rare Earth
RE: City Street Cleaning Service
I appreciate the opportunity to share my concerns regarding the diminished street
. .
sweepmg serVIce.
It is my understanding that in previous years the downtown area benefited from a twice a
week street sweep.
I've notice that this season the service has been reducedtQ_o->>e <lay a week and the results
are visual. I must sweep 20-30 cigarette butts daily from my store front area, not to
mention the garbage I quietly pick-up. The gutters are full!
As any business owner, I pay to our utility department a fee for this service. ($29 .16mo) I
am grateful for what John and the guys provide at the Street Dept. I would hope the
direction is to reinstate the twice week servic~' and not question a time convenience. Man,
it's a pride issue!
Thanks for your consideration,
-1f! arw;}
Marcy Davy
*S~~
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I Barbara Christensen - Sleepless in Ashland...
Page 1
From:
To:
Date:
Subject:
Colin Swales <what_vf4u@yahoo.com>
Barbara Christensen <barbarac@ashland.or.us>
8/17/200610:15:10 PM
Sleepless in Ashland...
Barbara,
Could you please make copies for council and ask a member to please read this into the record, as I
won't be able to make the lunchtime meeting tomorrow.
Mayor and Council,
RE: Transitory Sweeper Noise
Unlike the Svendsgaards who must suffer the road sweeper circulating round and around OSF's
Hargadine parking deck at 4:00 a.m.,.1 have my own version of this cruel and unusual punishement...
(In the summertime I try to sleep with my windows open rather than annoy my neighbors with AlC
running all night long). When the sweeper first wakes me in the wee hours it is bad enough But the real
torture is that just as one is finally descending back into sleep the behemoth returns an hour after its
original sweep on its return trip back up East Main - only to wake me once again!
The historic residential neighborhoods above the downtown act like a natural amphitheater and noise
ricochets off the "streetwall" buldings on main street. Frequent emergency fire and ambulance sirens from
Station #1 and police whoop-whoops are par for the course. But the timing of the use of this
sweeper/sucker is entirely discretionary and would be best left until folks are awake. (per the current
ordinance)
Colin Swales
461 Allison Street.
P.S. Can we also ban the whining, smelly back-pack blowers that also kick up the early morning
downtown dust. What happened to the use of the common broom, which was once considered Very
Valdez!
Do you Yahoo!?
Next-gen email? Have it all with the all-new Yahoo! Mail Beta.
August 15, 2006
To: AsWand City Council
Re: Request for Exemption to the Noise Ordinance to Allow Early Morning Operation of Street Sweepers &
Service Vehicles
Dear Council Members:
I live on AsWand Street (at Beach) about 1 1/2 blocks from the SOU Campus. My family has lived in this
location for over 20 years (with the bedrooms facing Ashland Street), and any transitory early morning noise
from the street sweeping has never been a problem.
When the college classes begin soon, the streets for blocks around campus, will be filled with parked cars
well before 8am and lasting thru until early evening. If early morning street sweeper operations are curtailed,
there probably won't ever be an opportunity to clean Ashland Street, or the other surrounding streets - they
will always be filled with cars.
I prefer to have my street clean. So, I am asking that you support the request for an exemption to the Noise
Ordinance to allow early morning operation of Street Sweepers.
Thank you.
.,\~~~ ){\('.~\)~~
Marcia McNamara
1007 AsWand Street
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noise pollution
Noise Control
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noise pollution, human-created noise
harmful to health or welfare. Transportation
vehicles are the worst offenders, with
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automobiles, and motorcycles all producing
excessive noise. Construction equipment,
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Noise intensity is measured in decibel
units. The decibel scale is logarithmic;
each 10-decibel increase represents a tenfold increase in noise
intensity. Human perception of loudness also conforms to a logarithmic
scale; a 10-decibel increase is perceived as roughly a doubling of
loudness. Thus, 30 decibels is 10 times more intense than 20 decibels
and sounds twice as loud; 40 decibels is 100 times more intense than
20 and sounds 4 times as loud; 80 decibels is 1 million times more
intense than 20 and sounds 64 times as loud. Distance diminishes the
- effective decibel level reaching the ear. Thus, moderate auto traffic at a
distance of 100 ft (30 m) rates about 50 decibels. To a driver with a
car window open or a pedestrian on the sidewalk, the same traffic rates
about 70 decibels; that is, it sounds 4 times louder. At a distance of
2,000 ft (600 m), the noise of a jet takeoff reaches about 110 decibels
-approximately the same as an automobile horn only 3 ft (1 m) away.
V/\'\j''fV. Sound ProofF can;. co
Subjected to 45 decibels of noise, the average person cannot sleep. At
120 decibels the ear registers pain, but hearing damage begins at a
much lower level, about 85 decibels. The duration of the exposure is
also important. There is evidence that among young Americans hearing
sensitivity is decreasing year by year because of exposure to noise,
, including excessively amplified music. Apart from hearing loss, such
noise can cause lack of sleep, irritability, heartburn, indigestion, ulcers,
high blood pressure, and possibly heart disease. One burst of noise, as
from a passing truck, is known to alter endocrine, neurological, and
cardiovascular functions in many individuals; prolonged or frequent
exposure to such noise tends to make the physiological disturbances
chronic. In addition, noise-induced stress creates severe tension in
daily living and contributes to mental illness.
Noise is recognized as a controllable pollutant that can yield to
abatement technology. In the United States the Noise Control Act of
1972 empowered the Environmental Protection Agency to determine
the limits of noise required to protect public health and welfare; to set
Weiaht Loss Product
1111
Noise Pollution
Clearinghouse
About Noise, Noise Pollution, and the Clearinghouse
The word "noise" is derived from the Latin word "nausea," meaning seasickness. Noise is among the most
pervasive pollutants today. Noise from road traffic, jet planes, jet skis, garbage trucks, construction
equipment, manufacturing processes, lawn mowers, leaf blowers, and boom boxes, to name a few, are
among the audible litter that are routinely broadcast into the air.
Noise negatively affects human health and well-being. Problems related to noise include hearing loss, stress,
high blood pressure, sleep loss, distraction and lost productivity, and a general reduction in the quality of
life and opportunities for tranquillity.
We experience noise in a number of ways. On some occasions, we can be both the cause and the victim of
noise, such as when we are operating noisy appliances or equipment. There are also instances when we
experience noise generated by others just as people experience second-hand smoke. While in both instances,
noises are equally damaging, second-hand noise is more troubling because it has negative impacts on us but
is put into the environment by others, without our consent.
The air into which second-hand noise is emitted and on which it travels is a "commons." a public good. It
belongs to no one person or group, but to everyone. People, businesses, and organizations, therefore, do not
have unlimited rights to broadcast noise as they please, as if the effects of noise were limited only to their
private property. On the contrary, they have an obligation to use the commons in ways that are compatible
wi th or do not detract from other uses.
People, businesses, and organizations that disregard the obligation to not interfere with others' use and
enjoyment of the commons by producing noise pollution are, in many ways, acting like a bully in a school
yard. Although perhaps unknowingly, they nevertheless disregard the rights of others and claim for
themselves rights that are not theirs.
We have organized to raise awareness of noise pollution and help communities take back the commons
from those acting like bullies. Our efforts include building a library of resources and tools concerning noise
pollution, establishing links to other f:roups that have similar collections, establishing networks among local
noise activists, assisting communities and activists who are working to reduce noise pollution, and
monitoring and advocating for stronger noise controls.
Home Top
Sleep Deprivation Effects
The consequences of sleep deprivation include physical effects, mental
impairment, and mental health complications. Inadequate rest impairs our
ability to think, to handle stress, to maintain a healthy immune system, and
to moderate our emotions. Total sleep deprivation is fatal: lab rats denied
the chance to rest die within two to three weeks.
Mental Functioning
Without adequate rest, the brain's ability to function quickly deteriorates.
The brain works harder to counteract sleep deprivation effects, but operates
less effectively: concentration levels drop, and memory becomes impaired.
Speech becomes slurred and fragmented, and mental reaction time slows.
The brain's ability to problem solve is greatly impaired: decision-making
abilities are compromised, and the brain falls into rigid thought patterns
that make it difficult to generate new problem-solving ideas. Insufficient
rest can also cause people to have hallucinations.
Mental Health: Stress, Anxiety, and Mood
Without sufficient rE;!st, emotional mood
deteriorates. People become irritable and short-
tempered, both with themselves and others.
Loss of emotional control is possible, leading to
emotional outbursts and even violence.
Stress and anxiety levels both rise as a result of
sleepiness, which often begins a vicious circle.
Insomnia and fatigue leads to stress and
anxiety. Stress and anxiety are leading causes
of insomnia. Left unchecked, this cycle can
result in full-blown anxiety disorders and
depression.
Physical Responses
Sleep Deprivation
Effects and ADHD
Sleeping problems
exacerbate ADHD
symptoms in many
children. Indeed,
symptoms such as
irritability, impulse
control and concentration
difficulties are shared by
both ADHD and
insomnia. A sudden
worsening of ADHD
symptoms may indicate
a problem with sleeping
patterns.
Insomnia makes it difficult to focus the eyes
properly, or to perform fine motor functions as
effectively as when well rested. Muscle strength and endurance drops, in
part due to lowered glucose metabolism. Appetite tends to increase with
insufficient rest, leading to weight gain for some people.
Personal Costs
Lack of sleep causes more than
physical health problems. The
moodiness and irritability that
accompany chronic sleepiness
affect job performance and
personal relationships.
Interpersonal conflicts become
more common, causing stress that
can further interfere with normal
rest patterns.
The Dangers of Long Term Sleep Loss
Everyone has the occasional sleepless night. However, long-term sleep
deprivation studies suggest that chronic insomnia increases the risk of a
number of health problems, and heightens the likelihood of accidents.
Driver Fatigue
According to the National Highway Traffic Safety Administration, over
100,000 automobile accidents a year are caused by driver fatigue: a
number that includes over 1,550 dead and 71,000 injured. Accidents caused
by tired drivers may actually be much higher: determining whether fatigue
played a role in a crash is difficult.
The fewer hours of rest you get, the greater your chances are of being the
cause of a car accident. Young adults, parents of small children, and shift
workers are among the highest risk groups for driver fatigue. You stand the
highest chance of falling asleep at the wheel on long highways while
traveling at high speeds.
Research studies have concluded that driving while sleepy is as detrimental
as driving drunk. According to researchers in Australia and New Zealand,
people who went seventeen to nineteen hours without sleep operated their
vehicles worse than people with blood alcohol levels of greater than 0.05
percent-the legal limit in most western European countries. Most of the US
has a legal limit of 0.1 percent, with a few states at 0.08 percent.
Impaired Glucose Tolerance
Sleep deprivation studies at the University of Chicago discovered that
sleeping shortages quickly alter the body's ability to regulate glucose and
produce insulin, mimicking the symptoms of impaired glucose tolerance.
After a week of sleep deprivation, otherwise healthy test subjects took forty
percent longer than normal to regulate blood sugar levels. Both insulin
production and the body's response to insulin fell to thirty percent below
normal.
Although adequate rest restored the test subjects' scores to normal levels,
the test suggests that impaired glucose tolerance as a result of sleep loss
could eventually lead to diabetes, obesity and hypertension.
YT
07
Research Ties Lack of Sleep
To Risk for Hypertension
Dr. Meir Stampfer, chairman of
the department of epidemiology at
the Harvard School of Public Health,
said that the findings were of moder-
ate interest.
"This study suggests that sleep du-
ration may contribute to hyperten-
sion," Dr. Stampfer said, "but the
magnitude of the association is mod-
est compared to dietary factors," es-
pecially being overweight, "the main
driver for hypertension." He was not
involved in the study.
Getting more than the average
amount of sleep had no effect, either
protective or helpful. People who got
nine or more hours of sleep were no
less likely to have high blood pres-
sure than those who slept six to eight
hours.
While many factors contribute to
high blood pressure, lack of sleep ap-
pears to be an independent cause, ac-
cording to Dr. Dolores Malaspina, a
co-author of the paper.
"Normally during sleep our heart
rate and blood pressure are lower,"
Dr. Malaspina explained. "In people
deprived of sleep over a long period
of time the average work done by the
heart increases, and that can lead to
irreversible Changes in the heart and
blood vessels." Dr. Malaspina is a
professor of clinical psychiatry at
Columbia
Lack of sleep may also increase>
the effect of other hypertension risk
factors, the authors suggest. It is
probable, they write, that short sleep
duration leads to obesity by influenc-
ing insulin sensitivity and the en-
recorded the incidence of newly diag- zymes that control appetite. U
nosed cases of high blood pressure, Short sleep duration is associated
or in a few cases, the cause of death. with irritability, impatience, pessi-
"It's been known for a long time mism and stress - factors that may
that sleep disorders are associated [reduce the ability to follow healthy
with hypertension," said James E. diet and exercise regimens.
Gangwisch, the lead author of the The researchers concede that the
study and a postdoctoral fellow at study has certain weaknesses. The
Columbia's Mailman School of Pub- sleep duration figures depend on self-
lic Health, ''but that could be for rea- reports - not always reliable. And,
sons besides not getting enough the scientists were unable to rule out
sleep. This is the first study that the possibility that lack of sleep was
shows a ,relationship between short itself an early symptom of hyperten-
sleep duration itself and high blood sion that was diagnosed later.
pressure." Because hypertension often goes
The researchers did not find the undiagnosed, the scientists had no
connection between sleep depriva- way of knowing whether sleep-de-
tion and hypertension in the older prived participants were more or
group of subjects, those 60 to 86. The less likely to seek treatment and get
authors suggest that this may be be- a diagnosis than those with normal
cause people with hypertension, sleep patterns.
obesity and diabetes are less likely to Analysis of data from another
survive into their later years, or be- large epidemiological study cited in
cause lack of sleep in younger people the paper found that 30 percent of
is more closely associated with obes- people with high blood pressure were
ity than it is in those over 60. unaware they had it.
By NICHOLAS BAKALAR
Getting too little sleep may be a
significant risk factor for high blood
pressure.
In a study of more than 4,800 men
and women, people ages 32 to 59 who
got five hours of sleep a night or less
were about 60 percent more likely to
develop hypertension than those who
slept six to eight hours.
The trend was the same even after
controlling for depression, alcohol
consumption, smoking, pulse rate,
obesity, diabetes and other vari-
ables.
The study appeared this month in
the Online-First issue of the journal
Hypertension.
Researchers used data from a
large epidemiological study, follow-
ing subjects over a 10-year period,
The participants had standardized
medical examinations and answered
questions about their health habits,
including sleep patterns. The scien-
tists excluded from the analysis any-
one who already had hypertension,
and over the next 8 to 10 years, they
Explaining how extra
hours spent awake
can change the body.
-
F6 San 3francisco <l~ronic\t SATURDAY, JUNE 10, 2006
LETTERS TO HOME&GARDEN
Noise can be
hazard or just
part of life
Editor - I am a retired physi-
cian with an interest in the health
effects of noise pollution. The arti-
cle by Arlene Silverman ("When
noise annoys," June 3) was inter-
esting, but I don't think it went far
enough in describing the adverse
health effects of noise. I believe
Tom Rivard (a senior environ-
mental health inspector for San
Francisco) is incorrect in his asser-
tion that noise does not always
cause physical effects. Noise (de-
fined as any unwanted sound),
even if not loud, is perceived by
the central nervous system as a
"threat" with the resultant reflex
cardiovascular and hormonal ef-
fects that are the hallmarks of
stress. Unlike other senses, our
I hearing is always "on" even when
we are asleep. He is absolutely cor-
rect in calling noise one of the
great neglected environmental
hazards.
In 1973, the federal Office of
Noise Abatement and Control
published extensive information
about the many health hazards of
noise pollution. Among its many
significant adverse effects, noise
impairs hearing, disturbs sleep,
contributes to hypertension and
heart disease, degrades perfor-
mance at work and at school, re-
duces productivity, increases the
rate of accidents, interferes with
cognitive development in chil-
dren, intensifies the development
of latent mental disorders, and
causes stress that influences men-
tal health and social behaviors, ac-
cording to the report.
When Congress withdrew
funding from the noise abatement
office in 1982, federal noise abate-
ment efforts essentially ceased.
Despite the evidence about the
many medical, social and eco-
nomic effects of noise, as a society,
we continue to suffer from the
same inertia, the same reluctance
to change, the same denial of the
obvious, that the anti-tobacco lob-
by faced a couple of decades ago.
This inertia and denial are similar
to those that delayed appropriate
action on lead, mercury and asbes-
tos. Now we seem unable to make
the connection between noise and
disease, despite the evidence, and
despite the fact that our cities are
becoming increasingly noisier.
Legislators at all levels should
protect us from noise pollution
the same way they protected us
from tobacco smoke. It is clear
that laws can change behaviors in
ways that can benefit society as a
whole. Every person has the right
to determine his or her sound-
scape; it should not be imposed by
others. Ordinary citizens have a
right to domestic tranquility. A
quieter society will be a healthier,
happier, safer and more peaceful
one.
LOUIS HAGLER, MD
Richmond
REQUEST FOR DENIAL OF STREET SWEEPER VARIANCE
Traci Ann Svendsgaard
183 Vista Street
488-3142
Since last winter, the street sweeper has greatly diminished our quality of life. We all
know what it is like to be awakened by a sudden, frightening loud noise in the middle of
the night. Imagine knowing you'll be suddenly frightened awake and kept awake by a
loud noise every Monday and Tuesday at 4:30 am for the rest of your life. That is
equivalent to 104 mornings or nearly a third of each year sleep deprived.
The Noise Ordinance exists to protect citizens of Ashland from such disturbance:
"No person shall make, assist in making or cause to be made any loud disturbing or
unnecessary noise with either annoys, disturbs, injures or endangers the comfort, repose,
health, safety or peace of others"
I would like to make it known that the operation of the street sweeper in the early
morning hours annoys, disturbs, injures and endangers my comfort, repose, health, safety
and peace in the form of sleep deprivation at least two out of every seven nights. The
consequences of sleep deprivation include physical effects, mental impairment and
mental health complications, one's ability to think, to handle stress, to maintain a healthy
immune system, irritability and depression. Lack of sleep can effect job performance,
personal relationships and heightens the likelihood of accidents. I have been to my doctor
for treatment of several of these symptoms. Dr. Beth Leone stated that she too was
awakened and kept awake by the street sweeper.
While I agree that the citizens of Ashland have high expectations regarding the
cleanliness of our streets, I am sure that the citizens of Ashland also have high and
reasonable expectations about their ability to sleep. The town is changing and growing.
New, expensive living spaces are being created smack dab in the middle of the
"commercial" section of down town. Many existing homes lie in the area that abuts this
commercial section; B Street, Pioneer, Oak, East Main, Granite, Hargadine, Fork, Vista,
Gresham, Allison, 1 S\ 2nd and 3rd Streets, etc. All of the residents are made to hear the
great howling machine at a time when most people count on getting the rest a human
body requires. Apparently we are the only ones who have come forward, but after asking
around, a great many are disturbed and unable to go back to sleep.
I realize that the sweeper has been in operation for years. It has always awakened me on
Monday mornings in the summer and I have called the Street Dept. and the Police about
it several times over the years. The Police dispatcher we spoke to admitted that she had
been receiving calls in complaint for years. It is since this past winter when the new
sweeper was employed that the true misery began. The howling, high frequency noise
generated by the Street Sweeper, even at idle, exceeds the level of noise above which
most people cannot sleep, 45 decibels.
While referred to as transitory, the sustained noise does violate the noise ordinance and
does makes sleep impossible for us as we live only a few feet from the commercial
section.
I ask the city council to deny the request for a variance on the grounds that the early
morning noise causes an unusual and unreasonable hardship to many citizens of
Ashland. I ask that a solution be found in the form of a 7am start time and/or parking
restrictions in the down town on select days of the week. (It's pretty dam quiet
downtown at 7am and the parking garage is empty) Or a solution involving the purchase
of a quieter machine. Or both. I ask that you consider very carefully the quality of life
and health and safety of the citizens of Ashland by ensuring that sleep not be shattered by
a noise violation at an unreasonable early morning hour.
Thank you