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Home My WebLink About2010-0921 Council Mtg PACKET CITY OF ASHLAND AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 21,2010 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time conslraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p,m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? [5 minutes] 1. Regular Meeting of September 7,2010 VI. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Proclamation of October 3 - 10 as National Fire Prevention Week VII. CONSENT AGENDA [5 minutes] 1. Should Council postpone the public hearing on adoption of amendments to Chapter 18.62, Chapter 15.10 of the Ashland Municipal Code and revisions to the FEMA Flood Insurance Rate Maps? 2. Will Council, acting as the Local Contract Review Board, au1horize a Compe1itive Sealed Bid (Invitation to Bid) for an ambulance? 3. Will Council, acting as the Local Contract Review Board, authorize a Compe1itive Sealed Proposal (RFP) for operation of Ashland Fiber Network television services? 4. Will Council, acting as the Local Contract Review Board, approve a special procurement contract with GE Water and Process Technologies for the purchase of new wastewater membrane filters in the amount of $429,684? 5. Will Council, acting as the Local Contract Review Board, approve a Contract-Specific Special Procurement for the direct award (purchase) of evidence rolling rack slorage system at the cost of $11 ,769 from Spacesaver Specialists, Inc.? 6. Does Council wish to approve a Liquor License Application from Geoff Shaffer dba Boulevard Coffee at 555 Siskiyou Boulevard? COUNCIL MEETINGS ARE I3ROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEI3 SITE AT WWW.ASHLAND.OR.US VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-1hirds vote of council {AMC ~2.04.050}} None. IX, PUBLIC FORUM Business from the audience no1 included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [15 minutes maximum] X, UNFINISHED BUSINESS None. XI. NEW AND MISCELLANEOUS BUSINESS 1. Will Council provide direction to staff on the request received from the Elk's Club to close East Main Street for two hours on October 10, 2010? [10 Minutes] 2. Does Council have questions about tax increment financing as an option that will be studied to implement the Council's goals of addressing infrastructure financing and economic development? [30 Minutes] . 3. Does Council agree with the timing and plan to conduct the National Citizen Survey (NCS) in Ashland as part of using performance measures and improving Communications with citizens? [10 Minutes] XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Will Council approve First Reading of an ordinance tilled, "An Ordinance Relating to Noise and Heat Pumps or Mechanical Devices and Amending AMC 9.08.170, 9.08.175, and 15.04.185" and move the ordinance on to Second Reading [15 Minutes] XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488,6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35. 104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASI-ILAND.OKUS ASHLAND CITY COUNCIL MEETING September 7. 2010 ~Page I of4 AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 7, 2010 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:01 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Planning Commission, Housing Commission, Conservation Commission, Tree Commission, Transportation Commission and the Historic Commission. Councilor Lemhouse announced the Oak Knoll Fire Benefit, September 8, 20 I 0 at the Oak Knoll Golf Course and described the event US Bank was taking donations payable to the Ashland Fire Victim Fund. Donations can also be sent to Fire House 5 Foundation, P.O. Box 1404, Talent, OR 97540. Foradditional information on support for victims of the Oak Knoll Fire, individuals can call Ashland Parks and Recreation at 541-488-5340. Mayor Stromberg went on to announce a benefit hosted by Blackstone Audio Books on September 11, 20 I 0 to raise funds for the Jackson County Fire District 5 and Ashland Fire and Rescue for additional equipment and training and described event activities. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The Executive Session minutes of August 17, 2010 and the Regular Meeting minutes of August 17, 2010 were approved as presented. SPECIAL PRESENTATIONS & AWARDS - None. CONSENT AGENDA 1. Will Council approve the minutes of Boards, Commissions, and Committees? 2. Does Council wish to confirm the Mayor's appointment of Barb Barasa to the Housing Commission with a term to expire April 30, 2012? 3. Does Council have any questions about the current schedule to refinance the DEQ loan as authorized by Resolution 201O-11? 4. Should Council approve a resolution adjusting the FY 2010-2011 Budget to create appropriations and authorize expenditures for unanticipated expenses during this year? 5. Should Council, acting as the Local Contracts Review Board, approve a Special Procurement and enter into a contract with Small Woodland Service, Inc.? 6. Will Council approve a Federal Aviation Administration (FAA) construction grant for the Airport Improvement Project -Runway (AlP) Rehabilitation and Precision Approach Path Indicator (P API) light installation in the amount of$1,581,949.00? 7. Will Council, acting as the Local Contract Review Board, award an engineering services contract to Reid Middleton to provide construction administration services and a construction contract with Knife River Materials to provide construction services for the Airport Improvement Project-Runway Rehabilitation and P API iustallation? 8. Will Council, acting as the Local Contract Review Board, approve the award of a contract to Taylor Site Development Inc. to coustruct the Jefferson Avenue Improvement Project No. 2005-10? Councilor ChapmanNoisin mls to approve Consent Agenda items. Voice Vote: all AYES, Motion passed. ASHLAND CITY COUNCIL MEETING September 7, 20 I 0 Page 2 of 4 PUBLIC HEARINGS - None PUBLIC FORUM Steve Ryan/657 Oak Street/Announced International Car-Free Day September 22,20 I 0 at 4:00pm on Oak Street downtown Ashland and described the activities and events that will include a mass ride down Oak Street at 5:30pm. This event will also kick off the 20 I 0 Ashland Commuter Challenge September 22 through October 6, 20 I 0 with a celebration October 8, 2010 at The Standing Stone Brewing Company. Contact phone number for the event is 541- 951-1409 and can be found on the City website under Transportation Commission. He also noted Rogue Valley Transit District (R VTD) "Try Transit" week starting September 17, 20 I O. UNFINISHED BUSINESS - None NEW AND MISCELLANEOUS BUSINESS 1. Whom will Council designate as the voting delegate and alternate voting delegate for the annual LOC membership meeting, occurring on September 25, 201O? Councilor Jackson volunteered as the Voting Delegate with Councilor Chapman as Alternate Delegate. Councilor Chapman/Silbiger mls to appoint Councilor Jackson as the voting member and Councilor Chapman as the alternate delegate. Voice Vote: all AYES. Motion passed. 2. Does the City Council want to set a Public Hearing for September 21, 2010, to consider adjusting utility rates effective November 1, 2010? Administrative Services/Finance Director Lee Tuneberg provided the history on rate increases that identified a budgeted 3% increase in Transportation, a 5% increase for Storm Drain Utility fee and a 3% increase in the Electric Fund. Due to "carry-forwards" and the timing of studies, staff presented an alternate proposal to schedule a Public Hearing to adjust rates on November I, 2010. Because the City was receiving more revenue in the Street Fund for Transportation, staff proposed not having the 3% increase. Additionally the study on the Storm Water Fee would most likely require a sizable increase and staff proposed waiting for study recommendations on operating costs and Capital Improvements. The 2% rate increase for Electric was based on wholesale power and transmission costs in the Electric Fund that had stayed consistent with revenues that produced a larger "carry-forward" than anticipated. The 2% increase was in anticipation of new rates for wholesale power with Bonneville Power Administration (BP A). Smaller rate steps would offset the forthcoming sizable increase and was more manageable that having 5%-10% increases every other year. Currently, the Electric Ending Fund Balance was above $300,000. Councilor Voisin/Chapman mls to leave rates at the current level and schedule no hearing. DISCUSSION: Councilor Voisin noted the cushion and appreciated step increases but given the economic situation and upcoming increases did not think the City should raise rates unnecessarily. Councilor Jackson supported regular step increases and expressed concern regarding funding for the deferred maintenance in Transportation. The 2% increase was fiscally prudent; there. was a need to maintain the budget and Ending Fund Balance and reserves. Councilor Navickas explained an increase in rates needed to occur with a decrease in franchise fees to the General Fund. The City was outside of the market rate at 10% to the General Fund where a private utility would pay only 6%. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Silbiger and Chapman, YES; Councilor Jackson, NO. Motion passed 5-1. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Will Council approve Second Reading of ordinance titled, "An Ordinance Relating to Adoption of the Oregon Fire Code and Amending AMC Chapter 15.28"? Division Chief-Fire Marshal Margueritte Hickman noted two minor modifications to the ordinance for clarification. ASHLAND CITY COUNCIL MEETING September 7, 2010 Page 3 of 4 Acting City Attorney Megan Thornton read the proposed change to Section 2, (G) Appendix D105-Aerial Fire Apparatus Access Roads adding the following sentence: "However, ORS 368.039 states that road standards adopted by local government supercede standards in fire codes and requires consultation with local fire agency." The second proposed change to Section 2, (H) Appendix A101O.11 read, "If the complainant or appellant is aggrieved by the final order of the Ashland Board of Appeals, the complainant may me an appeal to the Oregon State Fire Marshal's Office within 10 days of the Board's final order." Staff clarified the Oregon Fire Code specified its own Ashland Board of Appeals. Councilor LemhouseN oisin mls to approve Ordinance #3037 with changes as read. Roll Call Vote: Councilor Jackson, Voisin, Silbiger, Navickas, Lemhouse and Chapman, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Preliminary report on the Oak Knoll Fire of August 24, 201O? Fire Chief John Karns eXplained an individual started the fire on the west side of Interstate 5 where it consumed an abandoned trailer and a barn on Washington Street, spread to Clover Street and the Oak Knoll neighborhood, destroyed 11 homes and damaged others. The following resources responded to the fire: . Ashland Fire & Rescue staffing level of 7 . 16 Agencies . 38 Fire Engines, 21 Fire Command Vehicles . 3 Helicopters and Air Tac Airplane . 135 Firefighters and Command Staff . Ashland Community Emergency Response Team (CERT) Volunteers . Other agencies including Ashland Police, Sheriff's Department, Search 7 Rescue, Ashland Public Works, Red Cross To combat the fire, a defensible home with a non-combustible roof was defended to stop the forward lateral movement that threatened an additional 30 homes. The Rogue Valley Fire Mutual Aide System was stretched and the State would have been called had the fire escalated but it would have taken time for the State to respond. Police Chief Holderness explained an arson investigation determined whether a fire was a deliberate act, an accident caused with a level of negligence that would raise Criminal Negligence or an accident lacking enough negligence to be a crime under Oregon law. Arson investigations were jointly conducted by the Police and Fire Departments. The Fire Department determines origin and cause and the Police Department interviews all witnesses, victims and suspects. In this case, it was determined the fire was most likely caused by John Thiry with a level of negligence that made it a criminal act He was taken into custody and ultimately charged with 24 Misdemeanor counts of Reckless Endangerment and Reckless Burning. The charges were still pending but it was unlikely they would change. Forest Resource Specialist Chris Chambers met with Oak Knoll residents regarding response to the fire, moving forward and what residents can do in the future. He provided them with a presentation outlining strategies on modifying landscaping, construction o(hornes using fire resistant building materials, and property maintenance. He shared the following 10 Fire Wise Steps: 1. Change out wood shake roofing. . . or at least start saving now to replace shakes soon. 2. Remove flammable plants and trees within 30 feet of your home. Chip away at it starting close to the home and working out if it seems too big a job. 3. Clean up anything flammable including leaves and needles, firewood and lumber working out from the home to 30 feet. This includes gutters and rooftops. 4. Clean debris from under decks and stairs. 5. Keep mulch and anything flammable away from wood siding. 6. Use only Fire Resistant Plants for your landscape. 7. Replace old, flammable wood siding with fire resistant materials. ASHLAND CITY COUNCIL MEETING September 7, 20 I 0 Page 4 of4 8. Check and/or change batteries in your smoke detector. 9. Make a plan for evacuation and family communication and practice it. 10. Make sure your address is readily visible from the street. He described Firewise Communities and even though.it was targeted at specific wildfire areas in Ashland, it could apply anywhere in town. He stressed the importance oflooking at fire prevention short and long term. Mr. Chambers explained the fire started on County land and was outside the City's jurisdiction for enforcing Weed Abatement in that area. City Administrator Martha Bennett added the City could not enforce Weed Abatement but could work with the County on who can remove hazardous growth on the land. Chief Karns explained the Community Emergency Response Team (CERT) was mobilized soon after the fIre started and established a Rehab Center that provided rest, water and food if needed for firefighters and served as a staging . area for rotating shifts. CERT also coordinated with the Red Cross on a respite center at The Grove. When Chief Karns and Mr. Chambers first arrived at the fire, the neighborhood was evacuating on their own with two police officers and an Ashland Fiber Network (AFN) employee assisting. They had an estimated two minutes to ensure homes were clear and experienced minor issues with people refusing to leave without their pets. All eleven houses were on fire within 45 minutes and quickly became untenable. Community Director Bill Molnar eXplained the Community Development Department will assist fire victims with questions and next steps for rebuilding and identified Administrative Supervisor April Lucas as their primary contact. Council and staff discussed the feasibility of waiving fees for the homeowners. Mr. Molnar noted the average home destroyed was approximately 1400-1500 square feet. The general estimate for a building permit was $12,000 with 70% or $8,000 automatically credited to these sites through System Development Charges (SDCs) leaving a remaining balance of approximately $4,500 in fees for each home. It was uncertain whether insurance would cover that balance. The City could waive fees on a case-by-case basis but waiving fees should extend beyond Oak Knoll to " other homes lost to fire. . City Administrator Martha Bennett reported the City would improve citizen communication by broadcasting radio station AM 1700 on the City website, improve the fire hotline and research Reverse 911. Other improvements included working with the community on fire prevention and preparedness, possibly establishing roof and vegetation ordinances, weed abatement in cooperation with Jackson County, better fire hydrant identification and staffing in public safety departments. Chief Karns added the Fire Service after Action Review was complete and would be compiled into a formal report. He described the Mutual Aid Responder training the Rogue Valley Fire Chiefs Association conducts on a regular basis. ( ADJOURNMENT Meeting was adjourned at 8:20 p.m. Dana Smith, Assistant to the City Recorder John Stromberg, Mayor Proclamation 2010 National Fire Prevention Week . The City of Ashland is committed to ensuring the safety and security of all those living in and visiting our City. . Fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire. . Roughly 3,000 people die as a result of home. fires and bums, more than 200,000 individuals are seen in the nation's emergency rooms for bum injuries. . Roughly two-thirds of home fire deaths resulted from home fires in which no smoke alarms or no working smoke alarms were present. . Working smoke alarms cut the chance of dying in a reported fire in half. Ashland Fire Rescue recommends at least one smoke alarm on every level of the home (including the basement) outside all sleeping areas, and in all bedrooms. . Informing the public about the importance of smoke alarm installation and maintenance serves as an essential step toward increasing the public's safety from home fires. . Ashland Fire & Rescue's firefighters.are dedicated to reducing the occurrence of home fires and home fire deaths and injuries through prevention and proper education. . The City of Ashland's residents are responsive to public education measures and are able to take personal responsibility to increase their safety from fire, especially in their homes. . The 2010 Fire Prevention Week theme, "Smoke Alarms: A Sound You Can Live With!" act works to motivate Ashland's resident to implement smoke alarm recommendations in their homes. THEREFORE, the City Council and Mayor, on behalf of the citizens of Ashland, do hereby proclaim October 3-9, 2010 as: Fire Prevention Week in the City of Ashland, and I urge all people to protect their homes and families by heeding this important safety messages and supporting the many public safety activities and efforts 0 City of Ashland's fire and emergency services. Dated this 21st day of September, 2010 John Stromberg, Mayor CITY OF ASHLAND Council Communication Postponement of a Public Hearing on the adoption of amendments to Chapter 18.62 ofthe Ashland Land Use Ordinance, Chapter 15,10 ofthe Ashland Municipal Code, and FEMA Flood Insurance Rate Maps, Meeting Date: September 21, 2010 Primary Staff Contact: Brandon Goldman Department: Community Development E-Mail: goldmanb(a)ashland.or.us Secondary Dept.: None Secondary Contact: Bill Molnar Approval: Martha Bennet Estimated Time: Consent Question: Should the Council postpone the public hearing on adoption of amendments to Chapter 18.62 (Physical and Environmental Constraints), Chapter 15.10 (Flood Damage Prevention Regulations) of the Ashland Municipal Code, and revisions to the FEMA Flood Insurance Rate Maps? Staff Recommendation: Staffrecornmends the Council postpone the public hearing on the adoption of the revised FEMA Flood Insurance Rate Maps, and related Land Use and Building Code amendments regulating development within designated flood hazard areas, with the date of the hearing to be determined. Background: At the City Council regular meeting on July 20,2010, the Council continued the public hearing on ordinance amendments relating to an updated FEMA Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) until September 21,2010. It was anticipated that within this time the City would have received a Letter of Final Determination from FEMA that would have directed the City to complete our ordinance amendments and adopt the updated FIS and FIRMS within a 6-month timeframe. The City has yet to receive this letter and its receipt is not anticipated until November (or later), which will give the City six months to complete the adoption proc.ess. Two primary issues outside the City of Ashland's control have delayed the adoption of the ordinance amendments and related FEMA documents: . An appeal of the FEMA Jackson County Flood Insurance Study was filed by the City of Rogue River and Jackson County citing concerns over areas along county creeks that were not initially mapped. The concerns raised in the appeal, and 30 day comment period, are currently being reviewed by FEMA. There is no statutory time frame by which FEMA must respond to the concerns, and receipt of the Letter of Final Determination is predicated on resolution ofthis appeal. . FEMA and the National Marine Fisheries Service recently entered into an agreement as part of resolution to a lawsuit regarding administration of the National Flood Insurance Program to demonstrate compliance with the Endangered Species Act (ESA). This agreement has resulted in FEMA initiating consultation with the National Marine Fisheries Service and the U.S. Department ofFish and Wildlife to consider impacts on listed species in actions approved under floodplain development permits. As a result of these consultations the model development code, and the floodplain modeling used to create the base floodplain maps may be altered. As Ashland's proposed ordinance amendments were drafted to include explicit Page 1 of2 r~' CITY OF ASHLAND language from the model code provided by the State of Oregon, amendments may be necessary to reflect any changes included to further protect endangered or threatened species. Upon resolution of these issues, and receipt of a final FIS and FEMA Letter of Final Determination, the City will be able to proceed with the ordinance and map adoption process and set a new public hearing date. Given the length of delay from the date the initial notice was mailed to potentially impacted property owners, staff will re-notice the public hearing at such time it is eventually scheduled. Related City Policies: Section 18.108.170 Council Options: Postpone the public hearing Potential Motions: Move to postpone the public hearing adoption of ordinances amendments to Chapter 18.62 Physical and Environmental Constraints of the Ashland Land Use Ordinance (ALUO), Chapter 15.10 ofthe Ashland Municipal Code, and revisions to the FEMA Flood Insurance Rate Maps and re-notice a the public hearing once scheduled. Attachments: Aug 10,2010 FEMA Letter \ Page2of2 ~~, u.s. Departmcnt or Homcland Security Region X 130 228th Street. SW Bothcll, \VA 98021,9796 FEMA August 10,2010 RECEI'r[o AUG 1 'I ?110 The Honorable Jolm Stromberg City of Ashland 20 East Main Street Ashland, Oregon 97520 Dear Mayor Stromberg: In 2009, the Audubon Society of Portland, National Wildlife Federation, Northwest Environmental Defense Center and the Association of Northwest Steelheaders (collectively, Audubon) sued the U,S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) for failure to consult under the Endangel'ed Species Act (ESA) with respect to administration ofthe National Flood Insurance Program (NFIP). On July 12,2010, FEMA entered into an agreement with plaintiffs, settling this lawsuit. The agreement requires FEMA to consult with the National Marine Fisheries Service on the impacts certain aspects of the NFIP are having on ESA-listed salmon and steelhead. The agreement further provides that communities participating in the NFIP will receive this letter notifYing them ofthe agreement and relevant provisions of the ESA Section 7 of the ESA prohibits Federal Agencies from causing jeopardy to a listed species or adversely modifYing its critical habitat. Certain p011ions of the ESA are applicable to everyone, whether a federal agency, state agency, local jurisdiction or individual. We all h.ave a responsibility to ensure our actions do not cause a take (harass, harm, pursue, hunt, shoot, wound, kill, trap, captme, collect, or attempt to engage in any such conduct) to ESA-listed threatened and endangered species. Under Section 9 of the ESA, actions or decisions enacted by you and your officials are subject to this prohibition regardless of federal involvement. Additionally, any person can be subject to criminal or civil penalties for causing a take. FEMA has initiated consultation with both the National Marine Fisheries Service and the U.S. Fish and Wildlife Service (Services) regarding our proposed action of implementing the National Flood Insurance Program similar to how it is being implemented in Puget Sound of Washington State. Beginning immediately FEMA will process Conditional Letters of Map Change (CLOMC) caused by manmade alterations only when the requestor has demonstrated compliance with the ESA In addition, FEMA will also ensure that floodplain modeling incorporates on-the- ground data as is readily available to increase the accuracy of maps depicting the floodplain. FEMA expects your community to be considering the impacts on listed species for actions approved under your floodplain development permits as they pertain to your obligation under Section 9 of the ESA www.fcma.gov Mayor Stromberg August 10,2010 Page 2 FEMA recognizes that many of you have already been implementing measures which protect/mitigate floodplain development actions affecting ESA-listed species and their habitat. However, for others, these requirements may pose a burden on your community, We will work diligently with you, the State resource agencies and the Services to alleviate this burden as much as possible and to facilitate favorable oppOliunities for complying with the ESA, Sincerely, , - Mark Carey, Director Mitigation Division cc: Michael Faught, Local Floodplain Administrator JG:bb CITY OF ASHLAND Council Communication Request to authorize a Competitive Sealed Bid for an Ambulance Meeting Date: September 10, 2010 Primary Staff Contact: John Karns Department: Fire E-Mail: kamsj(aJ.ashland.or.us Secondary Dept.: FleetlPurchasing Secondary Contact: Mike Morrison Approval: Martha Bennet Estimated Time: Consent Agenda Statement: Will the City Council, acting as the Local Contract Review Board, authorize a Competitive Sealed Bid (Invitation to Bid) for an ambulance? Staff Recommendation: Staffrecommends the City Council authorize a solicitation - Competitive Sealed Bid (Invitation to Bid) - for an ambulance. Background: The procurement of an ambulance was approved by the City's budget committee, and now staff is requesting authorization to process a Competitive Sealed Bid (Invitation to Bid) to procure an ambulance. Related City Policies: Section 2.50.08 Formal Processes - Competitive Sealed Bidding and Proposals. Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: C. The Local Contract Review Board shall authorize solicitations of competitive sealed bids and competitive sealed proposals. Council Options: The Council, acting as the Local Contract Review Board, can authorize (or decline) the Competitive Sealed Bid solicitation for an ambulance, Potential Motions: The Council, acting as the Local Contract Review Board, moves to authorize (or decline) the Competitive Sealed Bid (Invitation to Bid) solicitation for an ambulance. Attachments: None Page 1 of I r.l' CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Request to Authorize a Competitive Sealed Proposal for Television Services September 21,2010 Primary Staff Contact: Information Technology E-Mail: None Secondary Contact: Martha Benne Estimated Time: Rob Lloyd llovdr(ci)ashland.or.us Michael Ainsworth Consent Statement: Will the City Council, acting as the Local Contract Review Board, authorize a Competitive Sealed Proposal/Request for Proposals (RFP) for operation of Ashland Fiber Network television services? Staff Recommendation: Staff recommends City Council authorize the solicitation to begin and the RFP be released. Background: The procurement of a new television services contract was approved as part of the Information Technology Department's Fiscal Year 2011 budget. It is required due to the expiration of the existing contract in September 2010. IT staff requests authorization to begin the RFP process to procure a vendor to operate and maintain television services for the City's telecommunications utility. . The existing contract with Ashland Home Net will be maintained on a month-to-month basis, until the new contract is awarded and approved. This is anticipated to not surpass November 2010. Related City Policies: Section 2.50.08 Formal Processes - Competitive Sealed Bidding and Proposals. Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: C The Local Contract Review Board shall authorize solicitations of competitive sealed bids and competitive sealed proposals. Council Options: The Council, acting as the Local Contract Review Board, can authorize or decline the Competitive Sealed Proposal solicitation for television services. Potential Motions: The Council, acting as the Local Contract Review Board, moves to authorize (or decline) the Competitive Sealed Proposal/Request for Proposals solicitation for AFN television services. Attachments: None Page 1 of 1 ~~, CITY OF ASHLAND Council Communication Approval of a Special Procurement Contract with GE Water and Process Technologies for Purchase of Wastewater Membrane Filters Meeting Date: September 21,2010 Primary Staff Contact: James. Olson 552-2412 Department: Public Works E-Mail: olsonj@ashland.or.us Secondary Dept.: Administration Secondary Contact: Scott A. Fleury Approval: Martha Benne Estimated Time: Consent Question: Will the Council, acting as the Local Contract Review Board, approve a special procurement contract with GE Water and Process Technologies for the purchase of new wastewater membrane filters in the amount of$429,684.00? Staff Recommendation: Staff recommends that Council approve the special procurement contract with GE \Vater and Process Technologies in the amount of $429,684.00. Background: Action Summary At its June 15th, 2010 meeting, the Council approved a contract with Keller Associates to prepare the Wastewater Master Plan. At that meeting Council directed staff to work with the consultant engineer and develop the best strategy to replace failing membranes at the treatment plant. The failing membranes need to be replaced in order to meet regulatory requirements for phosphorous removal. Staff asked Keller Associates to recommend a replacement strategy for the failing membrane filters. Attachment 1 is the associated memo from Keller Associates that details the two purchase strategies for the membrane filtration system. . Strategy one: Purchase eighteen new modules that would allow four trains to operate at 100% . Strategy two: Purchase nine new modules that would allow two trains to operate at 100% City staff, inclu'ding Michael Faught, Terry Ellis, David Gies and Scott Fleury discussed directly with Keller the 2 options and the outcome ofthe discussion was to use Keller's second option. This option was preferred by City staff to meet both the regulatory requirements and current budget concerns. By only purchasing one new trains worth of membranes and meeting regulatory requirements it gives the City of Ashland the option to phase future purchases of membranes as older ones continue to fail. Keller Associates recommends that prior to purchasing any new membrane filter modules that another evaluation be made to determine viable replacement options. This recommendation of an additional evaluation before further purchase is meant to deal with the current temperature requirements and the possible solutions. The membrane design could be affected by the temperature management solution the City chooses to proceed with in order to meet the 2014 deadline for temperature compliance. Page 1 of3 r~' , CITY OF ASHLAND The membranes Keller recommends for purchase are GE ZeeWeed 500c-250 and are directly compatible with the current system. Another manufacturer, Koch produces membrane filters similar to those used by the wastewater treatment plant, but additional studies and pre-design would need to be done in order to verify the membranes would fit into the system without any changes to componentry. Purchase of the membranes opens a 120 day lead time and installation needs to be complete by April 2011 in order to give treatment plant staff adequate time to iron out the treatment process before the membranes are required to go online in May of2011. With the time constraints and required additional studies that would need to'lYe performed in order to determine if the Koch membranes would work within the existing treatment system, the consultant and staff are recommending purchase of the GE membranes. In addition, the membranes supplied by Koch are not equivalent in size, they represent a smaller square-footage area for treatment when compared to the GE membranes the City of Ashland currently uses at the treatment plant. Background In April 201 0 The City of Ashland, through the RFP process selected Keller Associates to develop a new Wastewater Master Plan. As part of the master plan process Keller Associates was asked to develop their recommendation with regards to a purchasing strategy for the Wastewater Treatment Plant membrane filters. The membrane filtration system is used during the May to November period each year to remove excess phosphorous from the wastewater before it is released into Ashland Creek. This phosphorous removal is required as part of the City of Ashland's National Pollutant Discharge Elimination System (NPDES) permit. Phosphorous is a-?oluble nutrient that most wastewater treatment plants cannot remove. While phosphorus does not pose any health risk to humans and is not toxic to fish, it does cause algal growth, particularly in warm, slow moving waters. Excessive algal growth can impact fish by depleting oxygen and causing fluctuations in PH. To protect the creek, Ashland's wastewater treatment plant was designed to remove phosphorous via the membrane filtration system. The membrane treatment system consists of filtration "modules", there are 26 "modules" to one "cassette" and ten "cassettes" to one "train". Each train therefore has 260 filtration membrane modules that are used to remove excess phosphorous. The treatment plan currently has four treatment trains. The expected lifespan of the membrane filters is approximately 10 years. The Cities treatment plant is currently experiencing failures in the membranes thus reducing its ability to meet the permit requirements for phosphorous removal. Budget Sumrnarv The City of Ashland budgeted $535,000.00 for purchase of membrane filters in FY 2011. SDC monies will be used for Ten percent of the purchase total while the rest of the funds are an internal loan through the equipment fund. The GE quote for replacement of one train's worth of membrane filters is $429,684.00. This price is reflective of a price guarantee from GE that will expire on April4th, 2011. This price guarantee was reached upon original purchase of the membrane filters from GE when the membrane system was installed. Table 1 provides the budget summary. Table 1. Amount Budgeted GE Quote Amount Under Budget $ $ $ 535,000.00 429,684.00 105,316.00 Page 2 of3 r.l' CITY OF ASHLAND Related City Policies: Council is required to approve special procurement contracts under both ORS 279 B and AMC Chapter 2.50. Council Options: . Council may approve the special procurement of membrane filters from GE Water and Process Technologies. . Council may reject the purchase. Potential Motions: . Move to approve the special procurement in the amount of $429,684.00; . Move to reject the procurement; . Move to direct staff to Attachments: 1. Keller Associates Memorandum regarding Membrane replacement options 2. GE Water and Process Technologies quote 3. Special procurement documentation Page) of 3 rtl' CITY OFAsHLAND OREGON Wastewater Treatment Plant Membrane Replacement Options FINAL MEMORANDUM '" September 13, 2010 KELLER associates 210055.()OO RIa KELLER . associates 131 SW 5'" Ave. Meridian, 10 83642 208-288'1992 FINAL MEMORANDUM Date: SEPTEMBER 13, 2010 StOTT FLEURY AND MIKE FAUGHT, CITY OF ASHLAND To: From: LARRYRUPP Subject: CITY OF ASIi!-AND WVI!TP MEMBRANE REPLACEMENT OPTIONS This memorandum summarizes the review of the membrane replacement options for the Ashland Wastewater Treatment Plant (WNTP). The. need foT this review is due to the concern with the condition of the existing membranes and the .need for additional capacity. Below is a summary of items reviewed in providing our recommendation to the City of Ashland. 1. Review the existing membrane system. 2. Review ilie membrane inspection spreadsheet provided by Ashland staff. 3. Perform a hydraulic analysis to determine other components that may need to be replaced if a higher capacity membrane. is installed. 4. Review membrane. replacement options from other potential suppliers to determine if a feasible option exists that will fit within the existing system. 5. Review membrane replacement options from Zenon. 6. Provide a recommendation for memprane repl;:1cement. In addition to the. st!3ps listed above, an attempt was made to review the historical operational data (cleaning interv<ils, permeability, and turbidity) that are available on ZenoTrac. To date, the ZenoTrac data .hasnot been reviewed. The review is pending based on .feedback .from Zenon. Depending on the data available, it could be used to recommend a higher or lower flux rate and to beller determine ilthe existing membranes are approaching their existing useful life, EXISTING MEMBRANE SYSTEM The existing membranes have been in operation since May of 2002. Since the original commissioning, an additional 10 % capacity was .added in January 2008 by installing membranes.similar to the original membranes in the remaining basin area. Current flows indicate the need for additional.capacity is approaching. Another concern is the life of the existing membranes, Additionally, the City. has a price guarantee for membrane replacemenl tha.t is due to expire April4i 2011. Plant staff conducted an inspection of the membranes (See summary of results in Table 1). The inspection revealed. that a number of fibers are separating from the urethane potting. This is likely due to over exposure of chlorine. Approximately 25% of the membrane cassettes have more than half of the fibers loose. 210055/2/10~06' rta. KELLER . associates 131 SW5"Ave. Meri_d,ia~.!.q-E3q64~ 208';:'88-1992 T<lb1e 1 ~ Condition of Ex isti nil Membrane Cass.ettes " " 2 I Ci ~ III Ci I Ci I ~ I; o " " ~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ =Illlllllllllllllllllllllllllll ~~~~~~~~~~ ~~~Ill~~~~~~ ~~~~!~~~~~ ~~~~~~~Ili~ ~ ~ >- >- ~ ~ ~ ~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~- ~~~~~~~~~~ I !~~~~~~~~~~ ~~~~flflfl~flfl ~flfl~flflflfl~~ i i i ijo~~ooooooo~oo~o~ooooo~ooooooa888 ~ ~ ~ ~~~ - - ~~~~~~ - ---- t ~ . ;; ; . ~ ~ ~ ~fl~~flflflfl~~ i iOOOOOOOO()O . ~ III ~ ~ , ill III ill ~ ~ ~ N j;) j; N " f<; ~ " ~... ~k . - J' ~1 It t I'l '*' I'l m 'it II N 11 N . N m N IJ m y " :1 k1 ,1; F " !l 1~ ~ !l ~. i -.r; f :! F1 ill m :r ~ ~j p ", m ~ il\ I ~ i ~ , i. M N I - .,O)~ : !,....N..,.,.>()IO"-COOl~ . U ~ e",.,..,.,..,.....,'Il'..." ... . ~ . ~,....,....,....,....,....,....,....~,....-!NNNNNNNNNNiMMMMMMM~MM ... ... ... 21005512110-406 2 . KELLER . associates 131SWS'Ave. Meridian. 10 83642 208,288,1992 Another consideration is the life expectancy of the membrane fibers. With Ashland being one of the first tertiary membrane installations, data to determine the life expectancy is not available. Membrane life can vary widely depending .on tl1e operating conditions, chemical exposure, membrane materials; and other factors. Loss. of permeability even after cleanings is typically an indicaiion of the need to replace membranes. A life . - , ,. '.' . -. expectancy of 10 years is not uncommon .for wastewater. Forthe Ashland WWTP, an evim longer life expectancy could be'realized as the membranes are only operated 7 months ayear. HYDRAULIC ANALYSIS The membrane system was Il)odeled hydrauli.cally using spreadsheet calculations. Initially the limiting factor hydraulically is the permeate pumps which have a capacity of 1.13 mgd for a total capacity of 4.5 mgd. The permeate piping is also designed to handle approximately 4.5 mgd. Any membrane capacny expansion beyond 4.5 mgd should include a.replacememt of both permeate pumps and piping. POTENTIAL MEMBRANE SUPPLIERS In .addition to the original membrane supplier (GElZenon), Koch Membrane Systems (Puron) also providescasseties/modules that .are made to replace GE/Zenon membranes. A proposal from Koch for membrane replacement at the Ashland WWTP is . included in Appendix A. The cost for Koch membranes is approximately $6.00 to $6.50 per ft.'. This is sli.ghtly less when compared to GElZenonreplacement cost shown in Table 2, If this option is pursued, it is recommended that further detailed design level evaluation be completed in order to verify compatibility and identify any required modifications to the existing system. GE/ZENON REPLACEME;NT OPTIONS GE/Zenon currently manufactures three feasible options for replacing the membranes at. the Ashland WWTPcln order of the. least to most capacity the options are ZW500C-250, ZW500D,340, and ZW500D-440 with the last three numbers corresponding to the amount of membrane surface area per module. Appendix B contains a copy of GE/Zenon's proposed scqpe of r~placefT]ent and budgetary pricing; Table 2 summarizes the GE/Zenon's options. .Options 4 a,nd 5 are not recommended at this time as they require a major upgrade of ihe membrane 'system. Using the ZW500D-340 would add very little capacity because the current configuration will only fit 20 modules per cassette, versus the existing 26 modules per cassette. Similarly the ZW500D.,440 option would only be necessary if peak flowsJequire membrane treatment. 21005512/10-406 3 (t ~s~;Ja?e~ 131 SW 5'.Ave. Meridian, 10 83642 208-288,1992 Table 2 - Membrane Replacement Options Cost Summary i $J1'75H\I'illioh<,,~ $2.1 -2.5'Million 2W500D-4405* . $2;3 "'2.TMiIIi6ri' * Includes cost for modifying blower capacity 340 ,A40'. $7.72 - 9.19 $6;95 c a:16. Figure 1 shows a recommended replacement schedule. This schedule is based on the maximum month 'flow and P<lpuiation projections to date (@ 1.66<y., growth rate) and may require revision as these projections are finalized with the master plan. The details of the membrane replacement are shown in Tables 3-5: For example Table 3 shows a recommendation for replacingrnodules and moving 6ther. existing modules. The result shown in Table 3 are obtained by replacing the damaged cassettes in trains 1, 2, and 3 with new cassettes and moving the good cassettes from train 1 .and train 2 to train 3. The result is membranes in the worst condition. are replaced and there are two trains of new membranes. Figure 1 . Projected Membrane Replacement Schedule, 4.5 4.0 ~........,.--., __MMF ....."_, __TrriatfnentCapacity "".''\'.'.'''''--.' -~~_."\ 3.5 . 3.0 c 2.5 Cl :;; 2.0 . 1.5 1.0 0.5 0.0 . 2008 '" \ 2022 Repl2cement 2015 Repl8{:ement 2011 Repla.cement 2010 2012 .2014 2016 2018 2020 2022 2024 2026 21005512110-406 4. (t ~5~;Ja?~ 131 SW 5" Ave. Meridian, 10 83642 208-288,1992 Q ri! ~ d Tab.l.e3 - Phase 1 Replacement 1Il ~ d Ie lHH!~~n!ln ""<O<O<O<O<Q<oa;><o~ r-o..r-.r-".......,........." d jUUUU!l!l -~~~~~~~~~~ U1lU;HIU1l ~ :gill::li::liill illill !~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ J~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ . i l i EOOOOQOOOOO~oooooooooocoooooooooo . . . ~ ~ l I: t'l l'l ~ 1 u .!ll m J: .. , .. & :;; ~ = ;:! . CO) ~:~nuuu nJll:;;mlLmM:mailj -HHUHU I'!~-",--",---~ !! . D ~~~i~NM~~~r-~~~i-N~~~~r-~~e [j [j ~. ~ ! !~-~~-~----~N~NN~NNNNN~~~M~MM~MMM ~ ~ ~ 210055/2/10-406 ! ~ Q ('oj ~OS0000200 i5~(O~~(gl7i~fA~ :e18:8m~~~18t818 ~~~~~~~t::!!;j~ U~~~~fHi!'Hl j 1:00000100000 i 11 ~-NM...t{)<D""CO<;bS! [j . c !......"'..,......,......,...,..,. ~ 5 (t ~sUJa~e~ 131 SW 5" Ave. l'y1ecidian, 1083642 20i3~28i3-1992 Table "4 - Phase 2 RElplacement " !11 ~~UUUlH!1i! ~""oDCOU>oD<D""""<O<O r-r-r-r-r-r-r-r-r-r- lil ~ d o - ~ d lil ~ d ~ d ~ I ~~@~~1i!1i!1i!81i! ~1i!1i!~1i!1i!1i!1i!1i!1i! <om"'MmoD<o~m~ m~OOoD~oD""moD"" r-r-r-r-r-r-r-r-r-r- r-r-I_r-r-r-r-r-r-r- 1i!1i!1i!U~1i!@!l!l cocoa:ia:i<ococQcO<OCO ~ r- r- r...._ r- r-.... r- r- .., ~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ,; ~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ . J J j ~OOQOOOOOOo~oo~ociooooo~oooooooocio e i" e " ~ ~ ~ ~~~U!illilU!il il .s cCJOOOOOOClOO ~ . ~ ~ i j = = = 1-~~~~~r-~~gl-NM~~mr-""m~1-N~~~~r-~~2 u u " = " i....N..,.......,IOr-oDcn~ U ~I .. ~ '" .. . ... ... ~ ... . a . ~........_--~....---!NNNMNNNNNN!~M~M~MM..,MM ~ ~ ~. ~ 1!.-q....,..,...,..,..,........ 0- 210055/2/10406 6 ~ KELLER V associates 131 SWS-AVB. Meridian, 10 83642 208,288-19,92 c !l1 o o :3 Table 5- Phase 3 Replacement ~. ljl :; o o ~ d l: .. ~~~~g ~::;:::::ClI00ClO 1EI1E1llllEllEl !HHHH! , . .. 0000c:> iijiij~~iij 888U1Hl8lH! ~;;e~~~~~~~~ llU88USU 1e~~~~re~~~~ i!!l........................................ J!!---------.... ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ i~~~~H\ 09090 ~~?>?>(1; iHl ~ iHHll<! ~ iH! ~ii:l~~i!Hjii:lii:l~iiJ j I .. I ~oooooooooo~oooooooooO~OOOOClOOOOO G G G ~ ~ ~ l t ~ I l!'?ooooooooo G ~ .l: :<l 0 l'l N :<l 0 0 N N ~ ~ ~ N ::l !'l ::l l:l l:l l:l - ;; ;; ;; c ~ lil !il lil .!l :0 ~ :0 '" l!! l!! l!! M ~ l: l: " ill ., IL .. .J/ ... {!!. l'! l'! 0 0 0 0 0 ~ ~ ~ 0 0 0 0 0 ~ ~ ~ " " " N N N . . . G G G ~ ~ ~ !~N~~~~~~m~~~N~~~w~~m~S~N~~~0~~m~ . . . e . ~., .. c ~""---------eN~NNNNNNNNemmmmroMMMroM ~ ~ ~ . G i-NM....'Oio.....<oo>~ m u . < 1!!:................'<t...,...,....... ~ 210055/2110-406 7 Ci ~s~oLc~a~e~ 131 SWS.Ave. Meridian; IDB3642 208,288-19,92 The future recommendations account/or future flows and should be re-evaluated before proceeding with membrane replacement. The membrane replacement recommendations are based on both meeting capacity objective and on an expected membrane life of 10 to 15 years. Another approach that could be employed would be to replace .based on capacity and continue to use the membranes until a d(op in performance is noticed. This approach would result in pushing the membranes to the edge of their useful life versus replacing membranes b.ased on expected useful life. Table 6. shows the membrane replacement for phasE> I if this philosophy is employed. It should be noted thaUhe recommendations are based on being .able .to treat maximum month flows. Peak hour flows would bypass the tertiary membrane system. For the. putposes of meeting the effluent phosphorus limit treating maximum month flows appears adequate for the near future. Due to the phosphorus limit being load based, the amount of flow that can be bypassed while still meeting the limit will decrease as overall flows increase. As the flow increase requires lower and lower effluent phosphorus. concentrations, oth.er options should be explored for meeting the phosphorus limit. If the City desires to treat all flows including peaks, additional membrane capacity will be required. This should be considered as temperature options which may require membrane treatedeftluent are explored and flnalized. . MEMBRANE REPLACEMENT RECOMMENDATION SUMMARY It is understood that ihe chosen membrane replacement option which meets the City's budget is as shown in Table 6. This is.a less,conservative approach than 'replacing membranes in both train 1 and train 2. However, with the outstanding temperature issue, which could affeCt the membrane design and use, this. approach is more fiscally conservative. Once a direction is known on the temperature. issue, it is recommended to revisit replacing train 2 within the next. year or two, as shown in Table'3. Based on the reyiew conducted, .it is recommeilded to provide 9 'new ZW500C- 250 c>;\ssettes to train (as shown in Table 6). The estimated replacement. cost based on information provided by GEIZenon.is $400,000. This will allow the,Cityto accomplish the following: . Replace damaged cassettes . Take advantage 'of the replacement price guarantee for one-quarter the membranes . Upgrade the capacity . Decision on majority of membrane replacement can be made after knowing the affect of thE> meeting the future temperature limit on tertiary treatment In addition, the good cassettes should be moved to train 3, as shown in Table 6, to replace those that have flbers separated from the poilingc 210055/2/10-406 8 . KELLER . aS50ciates 131 S>N 5" Ave. Meridian, 10 83642 208-288-1992. Q Ii! Table 6 - Phase 1b Replacement Option : ~ m d d d ! ii d '" ~8~~~~~~~~~ 8888888888 ~~m~~~$~m~m .~~~~~~~~~~ 0000000000 8;J;U\;J;U\;l;<l>;l;;l;;l; l"! :8:8:8 18:ll:ll:S18 ill 0000000000 8;l;;l;;l;;l;;l;;l;;l;U\U\ ieillillill18:ll1818IU ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ . ~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ . ~ ~ Ii .s _ .9 r .9 ~QOgooooooo~o~~~~~~~~~~oooooooooo ~ ~ ~ l l l l<l II <\\ l'l Ij c 0 0 I .!! ~ '" .0 ~ III m ~ :: ... . .. l' ~ ~ - ~ - - ~ ,.; N - ::-8 g)::~~~U~U~ c~~~"~,jj~"" "!JB1LI.!l.s~,m-.8~ :~UUL.!H --~g . i ~ . !rNM~~~~~~~i~~MN~M~~~~lrNM~~~~~~. U U U . . . c: c: . _ c: . !-~-~------~N~N-N-~N~-~~MMmMM~_~N ~ ~ ~ 210055/2110-406 ~~~~~~~~~~ Ii s ;0000000000 ~ . 0. ~. . .. g~UnUn~~ UllunUlls; gHHHH~d!! ~ -------- .- u JrNM"<tlOcn-r--o:)(Il.;:! ~ e...,....,....,..................... ~ 9 t'4 KELLER . associates 131 Sl/l/S'Ave: Meridian, 10 83642 208-288,1992 Reasons for proceeding with the option~hown in Table :3 in the next two years include: . Some damaged cassettes are not replaced . The option shown in Table 3 better rris a long-term replacement schedule when considerin(! expected membrane life It is recommended that this evaluation be. performed again prior to future membrane replacement (targeted for 2015) to-determine if the replacement shown in table 4 i~ ~till the best option. If peak capacity is to be met or once the l)1ax month capacity E>xceeds 4,0 mgd, new piping, Pl!mps, and blower modifications will. be required. Af that time, converting toa higher capacity membrane would also be necessary. !l 210055/2/10-406 10 e GE Water & Process Technologies Membrane Replacement & GE Water & Process Technologies Canoda 0/0 ZENON Environmental Corporation Installation Proposal 3239 Dundas Street West, Ookville, Ontario, Canoda L6M 4B2 Tel: 90S 465 3030 Fax: 90S 465 3050 To: City of Ashland Dote: August 17, 2010 Attention: Mr. Dovid Gies Email: qiesd@ashland.ar.us City of Ashland Telephone No.: 541 552 2335 Address: 20 East Main Street Fax No.: 541 552 2364 Ashland, OR 97540 No. of Pages: 9 including cover Emoil: Loura. Black@qe.com Loura Black 90S 465 3030 x371S From: Regional Lifecycle Manoger, Telephone No.: Cell 90S 464 3038 Western USA Fox No.: 905 465 3050 Cc: Scott Hortop, Jim Imrie. Julie Hotch, Ed Coulter, Seth Ginter, Dennis Favret Proposal No.: 42377063 Subject: Membrane Replacement Project No.: 500127 .Ashlond Secondary Effluent Treatment Plant, 1259 Ook Street, Ashland, ADF 2.78 MGD, ZeeWeed@ 500c, 4 Plant: Trains, 10 Cassettes/Train, 26 Modules/Cassette, 1040 Totol Modules. Substontial Completion Dote - Oct 17,2002 r~~'" . ~.. ~. ~ .,..>P",:: -,-'~'. r<-", if?'/'. " ~~' 0 ..'9/ .-::;0 o .~ ..,. c City of Ashland - Membrane Replacement 42377063 @GE August 16. 2010 Page 1019 8 GE Water & Process Technologies 1 Introduction This proposal is provided at the request of The City of Ashland to replace their ZeeWeed'" 500c membranes. This proposal is to replace one full troin (260 modules) of the original installed modules. Pricing is bosed on guaranteed replocement pricing of CAD$1000/module which expires April 4, 201110 years from originol purchase order date of AprilS, 2001. The 3 year prorated warranty expired on October 16, 2005. The plant is experiencing elevoted turbidities related to fiber/urethone bond breakdown as a result of oggressive chlorinotion during membrane shutdown for approximotely the first 5 years of operation. 2 Scope - GE 2.1 Membrane Module Supply 260 ZeeWeedO> 500c OW membrane modules, 250 square feet o Individually bagged, boxed and crated for ocean shipment. o No Cossette frames included. We have assumed that your current cossette frames con be used with the new membrane modules. ' o Includes supply of associated cassette hardware as required: o Cassette connection hoses, clamps, and camlocks should be reploced every 3 years. We hove assumed that hoses, clamps, comlocks and comlock seals are in good condition and oble to be reused. 2.2 Delivery Terms o CIP -Delivery will be on the basis of CIP The City of Ashland, Ashland, OR (Carriage and Insurance Paid, INCOTERMS 20001. GE will monage clearance of the shipment through customs. Duties will be charged to The City of Ashland at cost in the final billing. o Origin - Delivery of ZeeWeed@ membranes originates from the GE Water & Process Technologies. ZENON Membrane Products IZEMI. Blothy Otto u 4, Oroszlony. 2840 Hungary facility. o .Temperature - UF membrones connot be allowed to freeze and may require temperoture- controlled freight and handling according to the season and the plonned routing. o Delivery Schedule, Delivery of membrane modules is typically 16 weeks after receipt of order. Definitive Membrane Module availability will not be confirmed until a Purchase Order is received from The City of Ashland and acknowledgement of a Purchase Order is issued by GE Water. City of Ashland - Membrane Replacement 42377063 <1lGE August 16. 2010 Poge 2019 e'. . " GE ~ 'Water & Process Technologies 2.3 Membrane Module Warranty All GE membranes are supplied with a 'standard 2 Year Full Replacement Seller's 2eeWeed@ Membrane Module Warranty ogainst manufacturing defects. For details of the warranty coveroge on the membrone modules supplied, please see Section 8. 2.4 Installation and Assistance Not Included. GE recommends that a trained Field Service Representative assist with all membrane installation. Please request a quototion 60 days in advance of a plonned installotion. 3 Delivery Schedule Delivery of membrane modules is typically 14,18 weeks after receipt of order. Membrane Module availability will not be confirmed until a Purchase Order is received fram Client and acknowledgement of a Purchase Order is issued by GE Woter. 4 Product Support One of the woys that GE hos clearly distinguished itself fram other membrane manufacturers is the range of services and support offered to our customers based on the mony years of experience in UF membrane filtration. Included with ony membrane replacement ore the following services: Local Support, GE hos 0 globol network of GE Water & Process Technologies service personnel that can deploy at short notice. These personnel have access to all the latest tools, procedures and equipment to provide the optimum assistance and support to plant operators. Technical Support - For the life of each system supplied by GE, plont operators have telephone access to a skilled GE technical support specialist who will assist Plant Operators in traubleshooting of system problems during business hours. Hours of Operation & Telephone Numbers Daytime Hours of Operation: 8:30am to 5:00pm Monday to Friday, Eastern Time Zone GMT,S Telephone, toll free in North America: 1-866-271-5425 Telephone from outside of North Americo, 1905-465-3030 ond osk for Technical Support . Emoil address for Doytime Hours: Tech nicolservice.oo kville@qe.com 5 Scope - Ashland o Clear shipment from Customs. o Pay 011 applicable taxes, duty or tariffs. Currently US Customs is applying a 3.9% tariff on the import for membrane modules. o Poy local sales tax. City of Ashland - Membrane Replacement 42377063 @GE August 16. 2010 ' poge 3019 e GE Water & Process Technologies o o o Receive, offlood, hondle ond store membranes/cassettes at the plant prior to installatian. Provide far all crane and farklift requirements. Cassette connection hoses, clomps, and camlocks should be replaced every 3 years. No requirement for hose or hose clamp replacements is anticipated. If these are required, this will be part of The City of Ashland's scope. 6 Prices Adjustments Guaranteed Replacement Price CAD$ 1000.00 Current USD:CAD Exchange Rate Aug 13 , 2010 0.9S74 Exchange rate Factor 95.74% CPI at April 2001 176.9 CPI at July 2010 218.011 CPI Factor 123.24% Original module sq ft 220 Current module sq ft 2S0 Surface Area Factor 113.64% Adjusted Price at August 13, 2010 USD$ 1,340.84 Bag, Box & Crate Fee 135.00 3.9% duty 57,56 Total Price Per Madule 1,533.40 Totol 260 398,684.00 Estimated Freight $31,000.00 All prices exclude sales tax This quote assumes that the membranes being replaced were supplied under project # 500127. For final verification, Ashland will supply serial numbers of the replaced modules when installation is executed. If it is found that the replaced modules are not related to project # 500127, additional charges may apply. City of Ashland - Membrane Replacement 42377063 @GE August 16. 2010 Poge40f9 . GE Water & Process Technologies .7 Terms and Conditions of Sale A - Specific Terms and Conditions 1 Name ZENON Environmental Corporation is the nome of the legal entity providing services and is on affiliate of GE Water & Process Technologies Canada. Purchase Orders and Checks should be mode out using the nome ZENON Environmental Corporation. Short Form: Where a short reference is required in this document, for convenience, we are called simply GE. 2 Payment Terms On approved credit, payment terms are Net 30 Oays. Service Visits will be invoiced after a service is completed. Membrone Invoices will be issued as follows: ZS% with acceptance of Purchase Order 7S% with shipping documents supplied to Carrier 3 Price Validity Prices quoted are valid up to thirty 1301 days after the date of issue of the proposal unless confirmed with a Purchase Order. 4 No Title to Process Materiols At no time will Seller be deemed to have taken title to Effluent Water, Influent Water, sewage sludge, Non.standard Substances, Hazardous Materials, harvested fibers or any ather materials or substances processed at the site or treated by Seller pursuant to this Agreement. Seller does not take responsibility for or provide waste characterization, disposal facility selection, or disposal. The Buyer is responsible for all wastes and waste disposal from the plant. Wastes may include, but are not limited to water system reject waste, used RO or ultrafiltration membranes, c1ean.in-ploce related wastes and wastewaters, spent media, used granulated activated carbon, cartridge filters, equipment and cansumables, lubrication/oil contaminated debris/rags, other maintenance related wastes, lab analysis residuals, and office waste. S Transfer ofTitle on Membrane Modules Full title transfer on cassettes and membrane modules will be passed to the Ashland immediately upon shipment fram the manufacturing plant of GE Water & Process Technologies. City of Ashland - Membrane Replacement 42377063 i1lGE August 16. 2010 Page 5 of9 e GE Water & Process Technologies B - General Terms and Conditions of Sole I. hd<i$ive Terms end Conchtions. Together WIth cny other terms the portil/'$ ogree to in writing, these Terms cnd Conditions of Sole form the exdusive terms rAgreement1 whereby Buyer ogrl'eS to purchose.ondSellerogreesloseIlGoodsondprovideodvice.inslrucllonondotherservicesin con"ectionwith the sole of those Goods !"Services"! Notwithstonding any provisions communicote.j in onywoy by Buyer to Seller prior to this Agreement including ony terms conloined in onyrequesl for Quote by 8uyer. Buyer ogrees 1001 lhis Agreement will control the reloti onship by occepting Goods ond $ervices from Seller, even if Buyer sends to Seller other terms and conditions to which Seller may not res.pond. Z. Buyer Obligations_ seUe< wi~ not control the onual operation of erther Buyer's systems or Goods at tl>e site. and unl....,; otherwise speo:ifically agreed in writing. inslcdlotian 01 Goods sholl be the respons<bdil}laf Bl/Yer. Goods and SerJices provided hereunder ore bosed upon the inf ormotionBuyer mokes ovailable to Seller. ond Seller reserves tile right to utilitelhe mast co mpoet ondfeasible design compolible with sound engineering practices. ond to make changes i ndelmlsafdesign.construction and orrongement of Goods unless precluded by limItations lincluding. b ut nOI limited to octuol spoce andfeedwoterlsubstoncequalilyspe-:i/lcotionslspe<:ilied by Buyer in writing 01 the time on order is placed. Ifno such Iimltaoons ore specified. Seller shall not be held respon!.lble to rincompalibilityoflhe GoodsondServicesduetochongesinfeedwoter/substoncequalil}lspecilicotionsorS<lecondilions nor tor incompotibilitywitll octuol SpoCe-OE design ILmltations, which we<e not iOltiollydisclosed by ElI.Iyer ond become- apperent at 0 loter dote. For Services 10 be Occurole and Good5 to work os intended. Buyer must fulfill the tollowing oblig<:ltions 1"Obligations1: I alprollideSe!lercompleteond occurote infQ(motion onddota relevant to the scope of work to be prollided. such os intQ(mOlion felated ta Buyel's SIte conditions. systems. related equipment ond prOcesses, feedwoler ar other substonces tab-etreoted or measured with the Goods. including ony hidd en. unapparent ar changing conditions thot moyoffect the effecliveness 01 the Goods; Ibloperote 011 r eloted systemsond the Goods 'Hitllin tile ogreed 10 control poramelers or. Ii none. wilhin indusuy cUSlomllfY operoting condLtions:ldmaintainollreloted$Y51emsandGoodsingoodaperotingcondilionondrepoir.ondldl mointain ond hondle Goods in 0 proper and sofe manner. If Buyer fOils tll fulfill the fOEegoing Qbjigotions. Seller sholl be relieved 01 ony obligations with respect to worronties or ony other commitments mode to Buyer in writing, and Seller shall hove naliablity far any lass, damage or injury which Buyer moy sustoin or far v.tJich Buyer moy be liable. Buyer is solei y responsible for the operotion 01 Buyer's systems. including ensuring that the systems ore operoted ondmointoined properlyond comply with all lows. rules. regulotion!.licenseconditionsand orders . Seller will not operate, inspector ITl(linloin Bl/Yel's systems or Oct os 0 li(:ensed eperotar os defined by local regulatory au tJ-orities 3. oeIivery. TWe ond risk of Joss or domoge to Goods os well os contoiners ond tonks in which Goods ore contained. ""cept os proo..Oded f1:6 in sec1ion Bot thisAQreemenl. sholl pass to Buyer upon delivery to carrier ot designoted shipping po;nl. OeliverydotesindicotedbySelleroreoniyoppro,omote. Quatotionsond proposal drowingsprovided by Seller show only generol style.orrongement ond oppro><imate dimensions and weight 4. Payment and Prices. unless olherwise specitied in writing. poyment is due net t hirtyl3Cldayslrom the dote of Sellel's invoOce. If Seller shall hove ony doubt 01 any time 0 sto Buyer's ability to poy.Seller moydeclinetomakedeliveriese~ceptonreceiptofsatisfactorysecurity. The prices quoted herein do notirn:ludetllXes,Buyershollbedirec~yrespons<ble.ondreimburseSeller.forthegrossomountofony presenl or tuture 5-01es. use. e~cise. wlue-odded. or other simlar to~ opplicable 10 the price. sole of deliveryolonyproductsorserviceslumishedhereunder.Buyers~WlurnishSellerW1thevidern:eof e.emptioo occeptobleta the ta.ing authorities if applicoble. For multi-yeor ogreem ents. pricing stoted sholl remoin firm f1:6 12 months, after whleh Seller sholl be enhtled 10 odjust pricing up.N<lrd on On onnuol bosis according to the designoted tormula used by 5eller in 6u yer's country ond which sholl be natllied to Buyer. Unless otherwise specified, 011 prices ore rOB point of shipment. Buyer agrees to reimburse Seller tl:6coleclioocos15.including 2% interest permonth,sho uld Buyer foil to timely poy. Buyer sholl hove no rights toony seloffs of any noture relating to any payments due under the AgrRmenl Notwithstanding the lerrrs sel fonh herein or of ony ogreemenl or occeplonce 01 Seller's QUototion. Seier res-ervE'5 the right otony time and Irom Ilme-IO time by rootice in wflting 10 the BtIter to 101 increase Prices W impOse temporary price adjustmentsl based on irn:reoses ir1 the cOSI of base components fCll" IIle Goods or Services provided. where the increase is due to increased global demond, limiled supply. tempor\lry product shortages. allocation of supply, or such othersimdar inflationorypressures;ondlblimposeasurchorgeequoltoonyincreosein thecosl af the Goods or Services os a result of 0 modificotion of exchonge rotes. to.es or other levies imposed by public aulhorities 5 Poymef1tlorE_eessiveUsoge:loslondOomagedGoock,lfpoymenttorGoodsisbasedon5-0me toctQf other then the actual amount of Goods delivered le.g, payment is lor 0 (",ed amount. or based on usoge 1:6 produCllOnI. then Buyer ogrees to pay for a~ Goods 101 coosumed os 0 resLAlof Buyer's fOilu-e to comply with ObIig<Itions os set forth in Sec:tion 2: or !bllllSl or damaged after delivery 10 ElI.Iyer.Buyersho~provideSelerallinfl:6motionnec:e5$OfyloClllculaleomoun15dueande""b1eSener tooudltthoserecords 6. Consigned Goods. Buyer shOll bear 011 risk of loss ond domoge to oil consigned Goods in Buyer"s possession or control. nOlwilhslondin. Buyer's exercise of reosonob Ie core. Seller shall hove the right to enter Buyer's premises 01 011 reasonable lime. to inspect such Goods and related records. Upon request. BUyer ogrees to return such Goods to Selfer pursuant to Seller's shippin ginSlructions; 1. limIted Worranties. Seller worronts thot tile Goods sholl """form to published specifications ond shal be free from defects in moteooland wor1<monsn;pwherl at oil times operated in accl:6dance with Sel1el's written inslructions; and Ihat the SeMces will be performed with the deg'ee 01 skiD which con reasonabiy be e_lIected from 0 sellerengoged in a comparoble businessond providing comporoble servites undercomporoble circumstonces, Under no circumstonces do Servi cesincludetheoperotion, inspeetionor mointenonce of Buyer'..ystems or acting os 0 lleensed operotora. defined by local regulotoryouthorities Unless otherwise provided in onyWorronty Schedule thotmoy be ottoched hereto, thefore900ng warronties Ole volid 101 tor Chemical,. the ear1ier of. Ihe shelf-life of the product. or 6 monlhs from their dOle at delivery 1:6 the provis'on of Services: Ibllor Cansumables. including Filters and Membranes. 1l months from their do;e of delivery. fcl lor Goods other thon Chemicals and Consumables. tile earlier of. IS tTIOr'ths Irom rece;pt. or 12 months from stort.up/f"st use. Unless expresslyagreedino "PErformonceWorrantyOocument"s<gnedbetweenthepartiesonoseporate bosis, there is no perfQ(monce worrcnty On Goods ond Services orW\lrronty 0 nprocessresul15,For Goods notmonufoctured by Seller. the worronty sholl belhe monufa.cturer'stronsferoblewarronty only, Any clOim for breoch of lhese warronties must be pramplly notilied in writing or the claim wifl be voOd Seller'ssofe responsibi~tyond Buyer's e.elusive remedy arising out of or reloting 10 the Goods or Services or ony breoth ot these werranties is limited to. ot Seller's option: 101 replocement of non- contormingGoodsorrefundofpu'ct>asepriceottt>enon-conformingGoods:ondlblre-performarn:e of the Services lIlissue. oro refund of the omount poid for the Services otissue. NOolkM'oncewllfbe mode for repoirs 0' ollerations mode by Buyer without Seller's written consent or opprovoj, Goods may not be returned to Seller Wllhout Seller"s written permission. Sellerwii provide 6uyer with 0 "Relurn Moteriol Order" number to use for returned goods. Buyer.ostheoriginolpurchoser.isnolenl>tledto e_tendorttonsferthisworrontytoanyolherporty, The fort'9lling worlOnties ore in lieu of and e.clude all other warronties. statutory. e_press or implied. inCluding any warranty of merchantability or of MnessforopOlticularpurpose. . B. Use of Equipment. Tonks. ond Contoiners; Semi-bulk contoiners (5BCsl owned by Seller snail be used only lor the storage of Goods opproved by Seller ond Bl/Yer sholl retum to Selleroll SElCsowned by the Seller in on "empty " tondition. os delined by oppropriate transpart or environmentol regulations. TI~e 10. ond risk and ownership of. 011 equipment, product tontoiners le.g., pails, drums. recycloble inlermediate bulk contoiners "IBC"I. and lankssupplied to Buyer 5 holl poss to Buyer os provided lor in Section 3 of this Agreemenl. e_cept that relumobleSBCs shall remoin proper1y of Seller. unless otherwisestatedinSelel'sdocumentotion 9. Complio,""e with laws: l'e{mits Buyer is responsible f1:6 compliance with 011 lows and regulotions opplicobletotheoperationofitssystemsandtotlle'>l.orage.use.ho~d&ng.inslollation.maintenance. removol.registrotionondlobelingotolIGoodsfromondolterBuy,,'sreceiptolthe Goods. oswell os for the proper management and dISposal of 011 weSles and residues ossocioted WIth the Goods !including bul not limited to contoiners. e.cessor off-spec product. testing westes le,g. spent or e_pired lob reogents ond test kitslond signing monifests torwoste tronspon ond disposal.. Buyer ogrees to ensure thot off GOOdS ond'Services provided to Buyer for e_pon ore e.parted only in compliance with applicable export control IQYJS ond regulations. Permits and licenses which are lequired 1<> operote opporotus or equipment or to use the Goods. sholl be procured by Buy er at Buyer's sole expense. Buyer shaff be responsible lor and procure 011 permits. ficenses. ""emptions. outllorillllicns ondopprovols nec:essary to theoperotion of its systems. indllding but not Kmited 10 permits reloted to liquid ond solid weste tlandling and discharge. air ond wow emissions. sound. solely.etc, Seiler sholl not b-e lioble il ony such permt.license, exempti()(l. aulhorilollllnor oPllrovolis deloyed.denied,revoked.restricted.violotedor not renewed ond Buyer s holl not be relieved thereby of i15 obligations to pay Seller in occordance with this Agreement. 10. Force Majeure. Neither portywill be responsible to the other lend no event of de/au II wiff be deemed to have occurredl il uncontrollable events moke it impracticoble or commercioliy unreasonable for either por1y to perform under the terms 01 this Agreement. provided no force majeure sholl oPr:Jy to Buyer's obligallon to poyin o timeiy monr.er f(Y Goods ondServices. Scheduled deliYe1ydotesoresubjecttaextensionwhenoforcemajeureeventOCcurs. lLConfidentiohlyondlnlellectualPraperty.Bothpartiesagreelokeepconfidentioltlle other porty's proprietary non-public inlormotion. if any. which may be ocquired in connection with this Agreement Buyer will not, without Seller's advonce written consent. subject Goods to testi ng. anafysis.o' onytype of reverse engineering. Seller letoins 011 inlellectuol propeftyr ightsinctudingcopyrightwhichithosin olfdrowingsanddatollfotherdeliveroblessupplied or developed under this Agreement. subject 10 Buyer's righl to use such drowingsonddotaf1:6 its own use without odditionol cost.. Buyer ocknowledges thot Seller is in tile business 01 sel~ng the Goods subject 10 this Agreement and ogrees thatitWllnatfilepotentopplicotiollSontheGoods.or~cess-esondmethodsofus<ngtheGoods. withoYl Selerse><presswritlen perrnission, Buyer further ogrees thot in ony event ony such patentslMll nOI beosserted ago;nst Seller or its custome-rs based upon purchose ond use of such Goods. Buyer sholl be fullyliobfe for any infringement ot potent rigt>ts of third porti es arising out of the products supplied hereunder where tile construction, and other choracteristics of such products including modifleation of the Goods ond Services, is prescribed tOlhe Seller, l:6eom pletedindependently.bythe Buyer oragentlsl. Buyersrn,1 fully defend ond indemOlfythe Seifer in cose of such c1aimlsl. Any software Seller owns and provides pursuanllo this Agreemenl shol remoin Selfer's properly, Seier providestoBuyera~mited.non-e.cIus'veondterminoblelicensetosuchsoftwcrefl:6thetermofthis Agreement. Buyer ogrees not 10 cOpy. sub-license. llM$lo.te. tronsfer. reverse engineer. or decode the software, Urlessotllerwisee.presslyogreedbySener. this r.cense sholl terminoteand the softwore sr.olJ be relu'ned to Seller upan terminaUon of this Agreernent or the moterial breoch ollhetermsin this section. Buyer sholl defend and indemnify Seller in respecl 01 any cloim or liobOlilY suffered by Seller in connection"...,;lh infringemef1t of any third porty rights bosed on design, specificotionsor requ;rementsprescribedbyBuyer!lf~sogenl 12-timitotionon Liobility. E><<:ept where e><pressiycommunicated t<>Seller. Sell ershallhaverooliobility forincompotibilityolGoodswith Buyer'sactuol space or desigr1 limitations. To tile e><terlt permitted by low. the talolliobir.ly of the Seller for 01 daims arising out of or rejoting to tile perfl:6monce 1:6 bread. of this Agreement !If use of ony Goods or Services sholl not exceed the annual conUOCI YOlue of lhis Agreement. Seller sholl not be Jioble for ony advice. instruction. oSs<stance 1:6 any servites tIlot ore not required under tIlis Agreement or fOI which Seller does not charge Buyer. In no event will either party beliablelotheotherlorlostprofltsorrevenues.costofcapilalorreplocemenl or increased operoting cosl$,lostor decreosed production, c10ims of Buyer's customers forsuc h domoges or ony similar or comporoble damoges. or for ony inCidental. speciol.consequentiol or incl irectdamogesofonytypeor kind. irrespective 01 whether orising from octuol or oleged breath 01 worronly. indemnifico~on. product liobilil}l Of strict liobjl~y. 1:6 ony other fegal theary. It BtIter is supplying Seller's Goods or Services to 0 ttlird paty. Buyer sho!1 requ;re the third porty to ag,-ee to be bound by this dOU5e. II Buyer does not obto;n this ogreement for Sellel'sbeneflt for ony reason. Buyer shol indemniiy ond hold SeIer horrniess from allliobilily orising OUl ot c10ims made by tile Ihird party in ""cess 01 the limitotions ond e><c1usionottt'Osclause. 13, Conflicts: survivol. Assignment. If the'e is ony CO<lflicl belween this Agr~ment end ony w,iuen prollosal or Quototion prollided by Seller. then the terms ond conditions sel lorthin the proposol or quototion shOll prevail. II anylerm or condition of this AQreement or ony occomponying lermsand conditions ore held invol~ or ~Iegol. then such terms and canditions srn,1I be refl:6med to be mode legol Q' V<llid. or deleted. but the rernoirling terms ond condrtioos.hoU remain in tull force on deflect. ond the Agreement sIloI be interpreted ond implemented in 0 manner wtWd1 bestluffils our intended 09'eement. This Agreemenl may only be ossigned by Seller to ony aff,iate. 14. Terminotion ond Cancellation, This Agreement ond ony perfarmonce pursuont to II may be terminatedllf suspended by either partyiltheotherportylolisthesubjectofbo nkruptcyorin50lvency proceedings; or Ibl defaufts in its material obligation. under tNsAgreement. ond such defoull is not cUfed within IhOny 1301 doys. Upon the terminotion of this Agreement lal Buyer ogrees to pay for 011 Goods in Buye(s passession or for which title hos passed to Buyer, at current prit es or ot such other pricesost>avebeenogreedtoinw"ting:ondlbloiomOlJ(ltsowing,~Ofly.tortheequipmentortonks relating 10 those- Goods shall immediolely become doe ond sholl be paid Wlthin thirty r30j doys of receipt of on invoice. In the ev<'flt of caocellation of on order by Buyer. 0 corn:ellotion chor gewillbe made against tile Buyer. in proportion to the work completed by Seller. or obligated ogainst the o,der. plus any concellotion chorges ossessed ogoinst 5eiler by Seller's suppliers. lS.GOVi!rning low and DispuleResolution, ilisAgreemenlshallbegovernedbythesubstonlivelows of the Stote of New York. The UN Coovenlion on thelnternotionol Sole of Goods sholf not apply. In the event ofa dispule concerning this Agreement tIlecomploining portysho llnotifylheolherportyin writing lhereaf. Monogementlevel representotives 01 both parties sholl meet at on agreed focotion to allemptlO reso/ve the di.pute in good fOlth. Should tile dispute not be resO/Yed within thirt yf30ldoys ofter such notice. thecompfaining par1y sIloM seek remedies e.cfusively through OIbOtratio n. The seat of orbit,otion shaM be the federoj district court in l't1~odelphio. Pl\.. ond the rules 01 the orbllratian will be tIleCommerciof Arb,trotion Rufes of the AmericOl1 ArbiUation Associotion.v.tJich Ole incorporoled by reference into this clause City of Ashland - Membrane Replacement 42377063 Page 6 af9 @GE August 16. 2010 e GE Water & Process Technologies 8 Seller's Warranty - ZeeWeed@ Membrane Modules 2 Vear Full Replacement This schedule sets out the warranty with respect to 2eeWeed~ Membrane Modules I"Membrane Modules"1. No other warranties, expressed or implied are made in connection with the sale of these products, including, without limitation, warranties as to fitness for any particular purpose or use or merchantability of these products. The warranty provided herein will be the exclusive and sole remedy of the Customer, and in no event will the Seller be liable for any special, direct, indirect or consequential damages, including, without limitation, loss of prafits. This warranty is not transferable. 1 Product This warranty applies to only the Membrane Modules supplied under the Contract of Sale. Membrane Module means a complete Membrane Module. This warranty does not caver air piping to the Membrane Module, permeate piping from the Membrane Module, piping connection fittings. connecting hardware and cassette frames with their associated components including but not limited to spacers, aerator tubes, aerator assemblies, screen, module dummies or module blanks. Identification: Membrane Modules are shipped by the Seller with a serial number identification which confirms their place in the cohort set of Membrane Modules covered by this Membrane Module warranty. 2 Seller GE Water & Process Technologies Canada is the name of the Seller and is the Seller offering this warranty. The Seller may assign this warranty to other GE affiliates. 3 Customer Customer means the City of Ashland 4 Project Project means purchase of the membrane modules as outlined in this praposal # 42377063 5 Contract of Sale Contract of Sale means the sales contract governing the sale of Membrane Modulels) between the Customer and the Seller or its GE affiliate. 6 Scope of Warranty The Seller warrants that its Membrane Modulels) will be free of defects due to faulty materials or errors in manufacturing workmanship. Regular Membrane Module inspection and normal fiber repair shall be the responsibility of the Customer. All replacement Membrane Modules will be shipped on the basis of IN CO TERMS 2000 EXW GE Manufacturing facility. All ancillary costs including but not limited to bagging, boxing, crating, freight. freight insurance, applicable taxes, import duties, brokerage, receiving, forklift services, storage at site, re-attachment hardware, hose/clamp/camlock replacement, crane services, installation, fiber repair materials, glycerin flushing, commissioning and waste disposal are the responsibility of the Customer. Full Replacement - Full Replacement means that in the case of a valid warranty claim for a Membrane Modulefailure, the Customer receives a replacement Membrane Module and does not pay for the value of use of the Membrane Module prior to failure. 7 Warranty Start Date This warranty will start on the earlier of: oj The date that installation of the original Membrane Modulelsl has been substantially completed, or City of Ashland - Membrane Replacement 42377063 @GE August 16. 2010 Page 7 of 9 e GE Water & Process Technologies b) Six months from the dote of shipment of the original Membrane Modulels) to the Customer. . 8 Warranty Duration Total Warranty Duration: 0 total of 24months composed of 0 Bose Period and on Extended Period. Bose Period with Full Replacement 24 months All purchasers of 2eeWeed" Membrane Modules ore entitled to this Bose Period of Full Replacement warranty coverage without purchasing on extended Selle(s Warranty. Extended Period with Full Replacement 0 total of 0 months following the Bose Period Replacement Membrane Modules ore covered by warranty only to the extent of the warranty of the original Membrane Module which has been replaced. At 011 events, this warranty sholl expire and be of no force or effect 24 months following the Warranty Start Dote. 9 Notification of Claim All claims filed under this warranty sholl be mode in writing by the Customer within 30 days of identifying 0 defect. The Customer sholl provide the following information: 11 A description of the defect giving rise tothe claim; 2) Photographs showing the manufacturing defect; 3' The serial numberls) of the Membrane Module!s) which is lore) the subject of the warranty claim; and 41 Operating data and repair history for the life of Membrane Modules which ore the subject of 0 warranty claim. 10 Verification of Claim After receipt of written notification of 0 defect, the Seller will promptly undertake such investigations os, in the Seller's opinion, ore necessary to verify whether 0 defect exists. The Seller reserves the right to require additional data os necessary to validate claims. The Customer may, in the course of these investigations, be requested to return Membrane Modulels) to the Seller for examination. The Seller may also conduct reasonable tests ond inspections at the Custome(s plant or premises. If the results of the investigation do not validate the defect claimed, the Customer will reimburse the Seller for 011 reasonable expenses associated with said investigation, including expenses for 011 tests, inspections, and associated travel. 11 Satisfaction of Claims The Seller will hove the right to satisfy claims under this warranty in 0 flexible manner. Such flexibility may include the repair of existing Membrane Modules or changes in operating protocols or Membrane Module replacement or by upgrading foiled Membrane Modules with newer Membrane Modulels' that may embody design and efficiency improvements. The Customer consents to the supply of replacement Membrane Modules which may be of 0 different design than original Membrane Modules. 12 Operating Information To maintain the Membrane Module warranty, membrane system operation records fram initial start-up dote until claim must be maintained by the Customer and mode available to the Seller upon request. Records must be provided in sufficient detail to verify uninterrupted compliance with the Selle(s Operotions and Mointenance Manuol prepored by the Seller and supplied to the Customer os port of the Contract. At 0 minimum, operation data must include information on feed water quality, temperatures, flows, trons.membrane pressures, aeration rates, permeate quality, cleaning intervals, cleaning chemical concentrations, elopsed time since start-up, relevant analytical data and reporting of any screen bypass events. The Customer sholl mointain and shore access to 0 single reference copy in electronic form of 0 Membrone Module mop containing the history of activity by Membrane Module. The Customer sholl log its procedures performed related to 0 Membrane Module including relocation of Membrane Modules, repairs, replacements and any other noteworthy events. The Customer authorizes the Seller to conduct ony reasonable review of operation ond maintenance records or to inspect facilities where Membrone Modules ore installed, upon reasonable notice to the Customer. Such reviews and/or inspections ore intended to also assist the Seller and the Customer in detection of membrane system faults and to optimize the core and operation ofthe Membrane Modules. City of Ashland - Membrane Replacement 42377063 @GE August 16. 2010 Page 8 of 9 8 GE Water & Process Technologies 13 Limitation of Warranties Occurrence of ony of the following os reosonably determined by the Seller will void this warranty: a. A material failure to operate the membrane system in accordance with Seller's Operations and Maintenance Manual supplied to the Customer as part of the Contract, including material failure to adhere to the Seller's specified Membrane Module cleaning procedures and the use of anything other than Seller-approved Membrane Module cleaning agents. b. Failure to adhere to the preventive maintenance program as presented in the Seller's Operations and Maintenance Manual. e. Failure to ensure correct operation and/or functioning of the screening equipment. d. Introduction of destructive foreign materials into the Membrane Module tanks. Destructive foreign materials may include natural or human-made materials that are introduced into the membrane system influent channel or tanks originating fram construction and maintenance activities or fram inadequate pretreatment or from aquatic species including clams and snails or from damage to the tank or tank coating. Sand and other materials that are naturally present in the influent will not be considered destructive foreign materials. The Customer shall be responsible to maintain correct function of the screen mechanism and to flush tanks of accumulated sand at the tank bottom. e. Failure to install and maintain operating data acquisition and electronic data transmission functions at the plant. f. Physical abuse or misuse, incorrect removal or installation of Membrane Modules by non-Seller personnel including fiber damage caused by operator error in handling of Membrane Modules or cassettes. g. Unauthorized alteration of any components or parts originally supplied by the Seller. h. Intentional damage. 14 Return Procedure In the event thot the return of 0 Membrone Module is required pursuont to this worranty, the Custamer will first obtain a Return Goods Authorization (RGAI number from the Seller. Membrone Modulels) shipped to the Seller for warranty examinotion must be shipped freight prepaid. If the Customer desires temporory replacement Membrone Modulelsl to replace those alleged to be defective and returned to the Seller for warranty examination, the Customer shall be responsible for the cost associated with any such replacements until exomination of the returned Membrone Modules pursuant to this warranty is complete. Any Membrane Module examined by Seller as part of a warranty claim where the Membrane Module is subsequently found to be performing os warranted or where a Membrone Module failure is not covered under the warranty will be returned to the Customer, freight collect. Doc. Contre,l: JH Filenome: City of Ashland - Membrane Replacement - Ij2377063 ~ August 16, 2010.doc Lost Hodified: 12/15/20098:115 ,lI..i'1 T echnicai Review: Commercial Reviev.'. $H 8/17/20101#. Pl'-l City of Ashland - Membrane Replacement 42377063 i&lGE August 16, 2010 Poge90f9 CITY OF ASHLAND I FORM #9 SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Michael Faui!ht, Public Works Director Date: September 14, 2010 Subject: REOUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS2798.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 2798.085(4). I. Requesting Department Name: Public Works Deoartment, Wastewater Treatment Plant 2. Department Contact Name: Michael Faught and David Giess 3. Type of Request: x Class Special Procurement Contract-specific Special Procurement 4. Time Period Requested: From To: 5. Total Estimated Cost: $429,684.00 6. Short title of the Procurement: Membrane Filter Replacement Supplies and/or Services or class of Supplies and/or Services to be acquired: The City of Ashland wastewater treatment plant needs to replace failing membrane filters in order to meet the established regulatorv requirements for phosphorous removal. These requirements are established under the current National Pollutant Discharge Elimination System permit (NPDES). The City of Ashland needs to purchase new membrane filters from GE Water and Process Technologies in order to replace the failing ones within the membrane treatment system. The City is seeking to purchase ten new ZeeWeed 550c-250 filtration modules. The filter modules represent a verv important component in the treatment system. If the City of Ashland fails to meet the treatment requirements of the NPDES permit it can be tined by the Department of Environmental Ouality (DEO). 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: Direct Award. Foon #9 - Special Procurement - Request for Approval, Page 1 of 4, 9/1512010 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. This is a special procurement for goods due to the fact that GE Water and Process Technologies manufacture the only membrane filters that are known to work directly with the existing membrane filtration system. There is another manufacturer of membrane filters, but the City of Ashland's consultant engineer handling wastewater items informed the City that their would be additional studies and pre-design that would need to be accomplished to verify if the membranes would work within the confines of the existing system. In addition. the membranes from the other manufacturer create a decrease in SQuare-footage and thus a reduction in treatment ability. The treatment plant currently uses ZeeWeed 500c-220 and -250 membranes in its treatment trains without issue. Currently their can be a lead time of90-150 days for arrival of the membrane filters after purchase. The membranes need to be installed and tested by April 2011 in order to go online in May of2011. The membranes need to be online from May to November of each year in order to meet the phosphorous removal requirements. The City of Ashland currently has a price guarantee from GE for purchase of membrane filters. This purchase guarantee was established when the City of Ashland installed the original GE membrane filter modules in 2002. 9. Findings to Satisfy the Required Standards: This proposed special procurement: _X _ (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: GE Water and Process Technologies currently manufacture the existing filter membranes at the treatment plant and have the ability to deliver the product in the time frame necessary in order to meet regulatory requirements. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b )(i) will result in substantial cost savings to the contracting agency or to the public -- because: By using the existing price guarantee from GE, not having to do additional engineering studies/pre- design for the other membrane filtration manufacturer that could create additional costs for system changes and meeting the timelines required by regulatory issues the City of Ashland will generate a cost savings. (Please provide the total estimate cost savings to be gained and the rationale for detennining the cost savings); or _X _ (b )(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements ofORS 279B.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because: The GE membrane filters are a known commodity that work directly within the existing treatment system. The additional cost, time, reduction in capacity and possible DEO fines possible associated with choosing the other manufacturer would not be in the City's best interest. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) .,1 Form #9 - Special Procurement - Request for Approval, Page 2 of 4, 9/1512010 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us-9-22-2010 PUBLIC NOTICE Approval of a Special Procurement First date of publication: 9-22-2010 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on 9-21-2010 The class special procuremellt was processed to purchase ten new ZeeWeed 500c-250 Filtration Modules. The filtration modules represent a unique component at the City of Ashland's wastewater treatment plant. They provided for phosphorous removal from May to November of each year. The removal of phosphorous is a requiremellt of the currellt National Pollutant Discharge Permit for the City of Ashland. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the publiC"interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279BAOO and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, Purchasing, 90 N Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on September 2S'h, 2010. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. \ Form #9 - SpedaJ Procurement - Request for Approval, Page 3 of 4, 9/1512010 Authority to enter into a Special Procurement: Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the fol/owing: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differsfrom procedures described in ORS 279B,055, 279B.060, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special proauements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions allaw. ORS 279B.085 Special procurements. (1) As used in this section and ORS 279B.400.- (a) "Class special procurement" means a contracting procedure that differs Jrom the procedures described in ORS 279B.055, 279B.060, 279B.065 and 2798.070 and is for the purpose of entering into a series oj contracts over time or for multiple projects. (b) "Contract-specific special procurement" means a contracting procedure that differs Jrom the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and is Jor the purpose oj entering into a single contract or a number oj related contracts on a one-time basis or for a single project. (c) "Special procurement" means, unless the context requires otherwise, a class special procurement, a contract-specific special procurement or both. (2) Except as provided in subsection (3) of this section, to seek approval of a special procurement, a contracting agency shall submit a written request to the Director of the Oregon Department of Administrative Services or the local contract review board, as applicable, that describes the contracting procedure, the goods or services or the class of goods or services that are the subject of the special procurement and the circumstances that justify the use oj a special procurement under the standards set forth in subsection (4) of this section. (3) When the contracting agency is the office of the Secretary of State or the office of the State Treasurer, to seek approval ofa special procurement, the contracting agency shall submit a written request to the Secretary of State or the State Treasurer, as applicable, that describes the contracting procedure, the goods or services or the class of goods or services that are the subject of the special procurement and the circumsta!lces that justify the use of a special procurement under the standards set Jorth in subsection (4) of this section. (4) The director, a local contract review board, the Secretary of State or the State Treasurer may approve a special procurement if the director, board, Secretary of State or State Treasurer finds that a written request submitted under subsection (2) or (3) of this section demonstrates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the director, board, Secretary oJState or State Treasurer: (a) Is unlikely to encourage favoritism in the awarding oJpublic co~tracts or to substantially diminish competition for public contracts; and (b)(A) Is reasonably expected to result in substantial cost savings to the contracting agency or to the public; or (B) Otherwise substantially promotes the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055. 2798.060, 279B.065 or 279B.070 or under any rules adopted thereunder. (5) Public notice of the approval ofa special procurement must be given in the same manner as provided in ORS 279B.055 (4). (6) If a contracting agency intends to award a contract through a special procurement that calls for competition among prospective contractors, the contracting agency shall award the contract to the offeror the contracting agency determines to be the most advantageous to the contracting agency. (7) When the director, a local contract review board, the Secretary oJState or the State Treasurer approves a class special procurement under this section, the contracting agency may award contracts to acquire goods or services within the class oj goods or services in accordance with the terms of the approval without making a subsequent request for a special procurement. [2003 c. 794 f57; 2005 c.103 f8d; 2007 c. 764 FJ OAR 137-047-0185 Special Procurements (1) Generally. A Contracting Agency may Award a Contract as a Special Procurement pursuant to the requirements ofORS 279B.085. (2) Public Notice. A Contracting Agency shall give public notice of the Contract Review Authority's approval oj a Special Procurement in the same manner as public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give Affected Persons at least seven (7) daysJrom the date of the notice of approval oJthe Special Procurement to protest the Special Procurement. (3) Protest. An Affected Person may protest the request for a~proval oj a Special Procurefnent in accordance with ORS 279B.400 and OAR 137-047-0700. Fonn #9 - Special Procurement - Request for Approval, Page 4 of 4, 9/15/2010 CITY OF ASHLAND Council Communication Approval of a Special Procurement Spacesaver Specialists, Inc. (Rolling Rack Storage System) Meeting Date: September 21,2010 Primary Staff Contact: Terry Holderness Department: Police E-Mail: holdemetralashland.oLus Secondary Dept.: None Secondary Contact: Gail Rosenberg, David Day Approval: Martha Bennet Estimated Time: Consent Statement: Will the Council, acting as the Local Contract Review Board, approve a Contract-specific Special Procurement for the direct award (purchase) of evidence rolling rack storage system at a cost of $11,769.00 from Spacesaver Specialists, mc? Staff Recommendation: Staff recommends that the Contract-specific Special Procurement for the evidence rolling rack storage system be directly awarded to Spacesaver Specialists, mc. Background: A Special Procurement is a contracting procedure that differs from the procedures required for an Intermediate Procurement (3-written quotes), Invitation to Bid or Request for Proposal. The proposed procedure being recommended is direct award per the attached Request for a Special Procurement. I For additional information, please see the attached Special Procurement Request for Approval form. Related City Policies: The related rules of procedures are included in the attached Request for a Special Procurement. Council Options: The Council, acting as the Local Contract Review Board, can approve (or decline) the Contract- specific Special Procurement. Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve (or decline) the Contract- specific Special Procurement. Attachments: Special Procurement - Request for Approval Form Spacesaver Specialist Inc. - Written Proposal and Drawing Page I of I r.l' CITY OF ASHLAND I FORM #9 "SPECIAL PROCURElVI,.t<dNlj 'REQUEST FOR APPROV AU To: City Council, Local Contract Review Board From: Terry Holderness, Chief of Police . Gail Rosenberg, Administrative Assistant Date: 09.14.10 Subject: REQUEST FOR APPROV AL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request tor approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). I. Requesting Department Name: Ashland Police Department 2. Department Coutact Name: Gail Rosenberg and David Day 3. Type of Request: -2L- Class Special Procurement -,--Contract-specific Special Procurement 4. Time Period Requested: From Upon Arrival To: 06.30.2011 5. Total Estimated Cost: $11.769.00 6. Short title of the Procurement: FY201O-Not to exceed $12,000.00 (Hourly rate $90.00) Supplies and/or Services or class of Supplies and/or Services to be acquired: To purchase and install a Spacesaver brand rolling rack storage svstem for the Ashland Police Department evidence storage vault. This storage rack system will greatlv expand the amount of currentlv available storage space therebv allowing us to house additional evidence without having to add additional square footage to the evidence vault itself. The funds for this procurement have been budgeted for this fiscal year. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure, The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), BidIProposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: First purchase of this type for evidence storage. Fonn #9 - Special Procurement - Requesl for Approval, Page 1 of 4,9/14/2010 Proposed procedure: Direct Award 8. Justification for use of Special Procurement: Describe the circumstances that justifY the use of a Special Procurement. Attach relevant documentation. Spacesaver Specialists, Inc.. an Oregon corporation. established in 1978. comes highly recommended by the Intemational Association for Property and Evidence. They are well versed and Very experienced in installing their systems into police agencies. They understand the need for an expedient installation and intense security when working within the unique field of police evidence. We have communicated with their reoresentative. at length. and feel confident that they offer an outstanding product which comes Very highly recommended. We feel confident that we should take advantage of their expertise and quality product. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Spacesaver Specialists. Inc, has what we perceive to be a unique perspective into police evidence storage. We especially appreciate the fact that Spacesaver Specialists. Inc. is an OregOn corporation that offers expeditious service after the sale. (please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and x (b )(i) will result in substantial cost savings to the contracting agency or to the public because: The Ashland Police Deoartment safeguards thousands of pieces of evidence in a room measuring approximately 120 square feet. We are literally out of space using our current configuration. The only other options would be to move to a larger location or add on additional square feet to our current location. Neither of these options would be considered financially feasible at this time. The installation of the Spacesaver storage system would allow us to make the best possible use of our available space. (please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements ofORS 2798.055, 2798.060, 2798.065, or 2798.070, or any rules adopted thereunder because: (please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Per the requirements and guidelines set forth by the Oregon Accreditation Alliance. the Oregon Administrative Rules, and the Oregon Revised Statutes. we are required to store and safeguard evidence and property in such a way as to assure its integrity and security. The installation of the Spacesaver storage system is in the best interest of the citizens of Ashland by providing us the most affordable alternative for additional storage space and allowing us to maintain the highest standards in evidence storage. Fonn #9 - Special Procurement- Request for Approval, Page 2 of 4,9/14/2010 Public Notice: Pursuant to ORS 2798.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 2798.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before A ward of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - 9.22.10 PUBLIC NOTICE Approval of a Special Procurement First date of publication: 9.22.10 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on 9.21.10 A public contract is being directly awarded to Spacesaver Specialists, Inc. for a rolling rack storage system at a cost of$II,769.00 to store and safeguard evidence and property in accordance with the requirements and guidelines as set forth by the Oregon Accreditation Alliance, Oregon Administrative Rules, and the Oregon Revised Statutes. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 2798.055, 2798.060, 2798.065, or 2798.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of AsWand, Attention Ms. Kariann Olson 90 North Mountain Street AsWand, OR 97520 The seven (7) protest period will expire at 5:00pm on 09.29.10 This public notice is being published on the City's Intemet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement - Request for Approval, Page 3 of 4,9/14/2010 Authority to enter into a Special Procurement: Section 2.50,090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based lIpon Competitive Sealed Bidding (Invitation'to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the fOllowing: G. Special ProCllrements - a public contract Jor a class special procurement, a contract specific procurement or both, based upon a contracting procedure thatdijjersfromprocedllres described in ORS 279B.055, 2798.060, 2798.065, 279B.070. The contracting approach may be cllstom designed to meet/he procurement needs. J. Special procurements shall be awarded in accordance with ORS 2 79B.085 and all other applicable provisions of law. ORS 279B.085 Special procurements. (1) As "sed in this section and ORS 2798.400: (a) "Class special procurement" means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and isfor the purpose of entering into a series of contracts over time or for multiple projects. (b) "Contract-specific special procurement" means a contracting procedure that differs from the procedures described in ORS 279B.055, 279B.060, 279B.065 and 279B.070 and isfor the purpose of entering into a single contract or a number of related contracts on a one-time basis or for a single project. (c) "Special procurement" means, unless the context requires otherwise, a class special procurement, a contract-specific special procurement or both. (2) Except as provided in subsection (3) of this section, to seek approval ofa special procurement, a contracting agency shall submit a written request to the Director of the Oregon Department of Administrative Services or the local contract review board, as applicable, that describes the contracting procedure, the goods or services or the class of goods or services that are the subject of the special procurement and the circumstances that justify the llse of a special promrement under the standards set forth in subsection (4) of this section. (3) When the contracting agency is the office of the Secretary a/State or the office of the State Treasurer. to seek approval of a special procurement, the contracting agency shall submit a written request to the Secretary of State or the State Treasurer, as applicable. that describes the contracting procedure. the goods or services or the class of goods or services that are the subject of the special promrement and the circumstances that justify the use ofa special procurement under the standards set forth in subsection (4) of this section. (4) The director. a local contract review board. the Secretary of State or the State Treasurer may approve a special procurement if the director. board. Secretary of State or State Treasurer finds that a written request submitted under subsection (2) or (3) of this section demonstrates that the IIse of a special procurement as descn'bed in the request, or an alternative procedure prescribed by the director, board. Secretary of State or State Treasurer: (a) /s unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts; and (b)(A) /s reasonably expected to result in substantial cost savings to the contracting agency or to the public; or (B) Othenvise substantially promotes the public interest in a manner that could not practicably be realized by complying with requirements that are applicable under ORS 279B.055. 279B.060, 279B.065 or 279B.070 or under any ndes adopted thereunder. (5) Public notice of the approval ofa special procurement must be given in the same manner as provided in ORS 279B.055 (4). (6) If a contracting agency intends to award a contract through a special procurement that calls for competition among prospective contractors. the contracting agency shall award the contract to the offeror the contracting agency determines to be the most advantageous to the contracting agency. (7) When the director, a local contract review board, the Secretary of State or the State Treasurer approves a class special procurement under this section, the contracting agency may award contracts to acquire goods or services within the class of goods or services in accordance with the terms of the approval without making a subsequent request for a special procurement. [2003 c. 794 ~'57; 2005 c.103 ,\'8d; 2007 c. 764 Pi OAR 137-047-0285 Special Procurements (1) Generally. A Contracting Agency may Award a Contract as a Special Procurement pursuant to the requirements ofORS 279B.085. (2) Public Notice. A Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting Agency shall give Affected Persons at least seven (7) days from the date of the notice of approval of the Special Procurement to protest the Special Procurement. (3) Protest. An Affected Person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0700. Form #9 - Special Procurement - Request for Approval, Page 4 of 4, 9/1412010 L(9/14/2010) David Day - 20100914151141986.pdf Page 1 i $pacesavelJ'lI!lll!lllllll SpeciaIsts, Inc. 't\rl.;iStI';l",!\1Fi;1f;t*"I\)&~U:Pft'.(>I;".si~ September 14,2010 Mr. David Day City of Ashland Police, Evidence Regarding: Spacesaver high-density evidence storage system proposal Dear Mr. Day: Thank you for your interest in Spacesaver high-density storage system you are considering for your evidence storage area (per drawing) utilizing: .4 units of 4S-,dZ" double-sided Spacesaver 4-post-style steel shelving stoir-stepped per drawing . 5 units of single sided shelving (48/42 x 16" stair stepped in height per drawing) . 5 mechanically-assisted mobile carriages (32" x 96") . Approxitnately 16' of above-the-floor.steel tracks (fully-groun:d with in-floor anti-tip) . Approximately 64 square feet of t" plywood decking and entry ramp. Laminate: end panels on two moving carriages (not on fIxed shelving unless requested) freight, load inside. delivery and installation by 5pacesaver factory-trained installers. . NDt indutIedo.re media//llQteriol transfers (off-of or on shelving), floor covering, locollicenses, perMits, inspection fees or engineering coSts (if any). TOTAL JOB COSTS (NJPA pricing. delivered ond Installed1 $11,769.00* o Prka per registration with NJPA (free and eosy on-line regmro.tlon) o Estimated delivery ARO is 6-weeks with installation estimated at 4-5 days. o NJPA orders must include the Contract # 052910-KII to qualify for dhll;:o~ts Spacesaver Specialists. Inc. is an Oregon corporation dedicated to Iaw-enforcement storage applications for Oler thirty years. References include most of the police, sheriff and correctiolXll installations built within the last thirty years. A listing is a'vf1ilable on request. Please call with any questions or, If we can help in Some other manner. I look forward to the prospect of working with you further on this important project. GctfUIIY~~ Ph'503/~mYd6k) Em: Il'UV fo!it..rt!ll!itft1"AlH'nlllnntn.. mm Spaf:eUYClr $p4daU$b,lnc. 97JilSWH<<iI'oMlRo.1,-.l 'TUlllol'ltIl.0:1tgcri9~ 'l'elSl)."~,,,t4fOO . To!rf<6>l'IlOO.45(iJ006 . ~SQJ.9M..ll" Gmr.alConUl't1Qr.(P.:J:liji'tl4'\'\S\''iP~fSfI1UKI wwW.stOrageplanning.w~ - 1(9/14/2010) David Day - 20100914151141986.pdf Page 2l NJPA lMIl....t.l.>l"",...,.....tw"..,... Your partner in storage. Storl:!ge Solved~ ". . Spacesaver. Spacesaver Corporation 1450 Janesville Avenue Fort Atkinson, WI 53538-2798 800.492.3434 www.spacesaver.com EUllm .....~_.....m_._.___.._______.___._...........................____.............._._........_..__.....'''...''..___.____...__..._____..__...__.............._....._....._ 1(9/14/2010) David Day - 20100914151141986.pdf . Page 31 " !:1 !:1 ~ -~, ..,n a-gn-ven ..on , Ii> L I !:l . , tJ " !:l i mm .n....... mm ,n.m... L~ Ii ~ ~ ____u 9nuum hm. Ln.-mh L ~ m'l ~ n ...n 00Dl001M3....dO!lTN'M ~I~ ~---l. '" <roA_~~~..~aA~v..~....u~ i J ~~~~~ I~ I i! ~'I ii' ii; 'Il!/il I ! 1 I I , f . J I I 1 I . .1 1 j j & I t I , 1 f 1 I jl GI ,i ~ ~ it ; .. i I~, i:c t. . l~ u ~l ;ij ; Jj e ~ ~ ;:: ~ ~ , e ;, ~ . r:-:- ~.~ ~~ ~ ~~~~~~ I f;j ~ . ~ . ~ CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Liquor License Application September21,201O Primary Staff Contact: City Recorder E-Mail: None Secondary Contact: Martha Benne Estimated Time: Barbara Christensen christebt@ashland.or.us None Consent Question: Does the Council wish to approve a Liquor License Application from Geoff Shaffer dba Boulevard Coffee at 555 Siskiyou Boulevard? Staff Recommendation: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. Background: Application is for a change in license. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32). Related City Policies: In May 1999, the council decided it would make the above recommendations on all liquor license applications. Council Options: Approve or disapprove Liquor License application. Potential Motions: Approve or disapprove Liquor License application. Attachments: None Page I of I ~~, CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: Elks Club Request to Close East Main September 21,2010 Primary Staff Contact: Administration E-Mail: Public Works Secondary Contact: Martha Benn Estimated Time: Ann Seltzer seltzera(@,ashland.or.us Nancy Slocum 10 Minutes Question: Will the Council provide direction to staff on the request received from the Elks Club to close East Main Street for two hours on October 10, 2010? Staff Recommendation: Staff is seeking Council guidance on this request because it is different from other requests to close East Main. Background: The Elks Club of Ashland is celebrating the'100th anniversary of the Elks Lodge in Ashland. They have submitted a special permit application to close East Main between First and Second Streets in order to take a photo of its current members in front of the building reminiscent of the photograph taken in 1910 and to celebrate the event. The event will occur on Sunday October 10 from noon to 2:00 p.m. The City frequently receives applications for special permits and occasionally the application requests the closure of East Main - usually for parades. Generally the parade permits are granted to comply with first amendment rights. In fact, the day before the Elks celebration, Gay Pride is holding a parade from the Library to Lithia Park and East Main will be closed from 11 :30 a.m. to 1 :30 p.m. and Winburn Way will be closed from 12:00 p.m. to 1 :30 p.m. Requests for special permits for sponsored races are generally approved if the event does not conflict with other activities scheduled for that date and usually do not include a request to close streets. There are three standing holiday/parades when East Main is closed: Festival of Lights, Halloween and the 4th of July and traffic is rerouted to Lithia Way. Once or twice a year, East Main is closed to accommodate Ashland High School either for homecoming or a state championship. In those cases, traffic on East Main is held while the High School floats make their way down East Main and traffic follows along behind the floats. The City charges the applicant for all direct staff costs associated with the event and is considering charging an administrative fee to cover staff time associated with processing the application. While it is not unusual for collector or residential streets to close for a special event such as a block party or the upcoming Car Free Day on Oak Street, it is unusual to receive a request to close a section of East Main for a special celebration. Closing East Main can negatively impact downtown businesses. Because this request is not associated with a parade or complete closure of East Main, staffis seeking CounciLguidance. Page I of2 ~~, CITY OF ASHLAND Staff is developing a draft a policy on the closure of arterial streets for future Council review. Elks member Pete Belcastro, who submitted the permit application, will be in attendance and available to answer questions from Council. Related City Policies: AMC 13.02.040 Council Options: Approve the request ofthe Elks Club. Deny the request of the Elks Club. Potential Motions: I move to the request of the Elks Club. Attachments: 1) Permit application from Elks Club ) Page 20f2 ~~, CITY Of ASHLAND 20 East Main Street Ashland OR 97520 Office: (541) 466-5567 - FAX (541) 466-6006 Web: www.ashland.or.us OFFICE USE ONLY: New event: 0 Return event: 0 Route change: 0 Date Received On time: 0 Late: 0 Street and Sidewalk Use (Special Event) Permit Application (Fill out completely and type or print legibly. Failure to do so could result in permit denial.) !.APPUCANTANii~~oNSORiNGC)RG~IZA~NiNF~R~AiION (PERSONYR~'RESPONSIBLE)--- .... "'---'l 1'~~;~:~i.~J:;~~d~~~;:~~"*#!::~~E~~!~~~~~--L~t)-~~_---'l'ilj..............__ -". ....----.- 1..~~;~;::~~~~:Cdd~S~-.f4f.,1....I!!~ ~~..... .1.6.:~:~~a~;~~I:~~d~.!~~?~~ q.10~ 'J7~J~.. Pri,,;~;yc~~;;,ci~,;,spo~sori~gci;gari~ti~ri:ite..I3BIc,q fru'u ... ...... .. . c.;~t;d i;j;~-;;~:i~ffi;;;;--..-.. ... .---~~lIii'<_iiGj.) -? fi~-.E-;,~tr1-;04;Ii~~");~;~;f,,-1fl Name of contad person "on site" day of the event: (cell- required) .._--.~...-..-._. "'-----.--, ,...--..' ----.._.~.... .. .--.. ...-. ,---' I~ E~~~t~~IJ_rdYn~~ed th;~~~h _~~.~V,:~! ~~o~o~ ~~~any? _ 0 ~~.s~ N~ ~~_a~e ~f c!m.E~~i-_ _ 9onE'~.f'!.a_~~~ __. . _ _ _ __ ___ _ _ .:..h~~~ __ _ _ _ _ __ _ __ _ _ _ __ _ _ E~i\I~ ___ ,EVENTlNFORMATlON ' Event Typa (chack all that apply): D Run Distance D W.lk 0 81k. Race D P.r.d. ,.- .-....."-..-' .--.....-.--..-.-.-- ...-. .-------. .--.-.-..... .....-. .. -.... -....-- ........ -.---.-...- ......./u.()-ye;()fr.-. o D.monstration rFirstArn.ndmenr Event) .. -:.. .. ..)!(Other (Please spacify briefly here) /' hot' () Street location: 0 Sidewalk Only 0 Street Only )d: Street and Sidewalk 0 Street. Sidewalk and Park ~,,__._.__._.__.__._ _,_._.,,_.____u,__ "'__._..____.._.__.,__.._ ..,~,_n_."'~'_"__'__" .._____._.______..,.____~_.______.__. .._,_.___._ .._ ___'_n_. City LOClltlon(s) (check all th.t apply): I>l Downtown D L1thla Pari< D Plaza D N M.ln St D Siskiyou 8v D Ashl.nd St D Out.r Pari< D Oth.r. E~~~; N;,;:';'::--'-::jkS-';"';1J)"nCe;f.in;;;;,I/lA~ "t-;j-- m u'" ..... .. .... ~ ........ 13_"j ." .... ... .' ............... _:::;::~~r~vent D.te(~)ls~~~~t:~. . '. .. .1 :::matw;~~;;) I. S~t:;;;;~.-.F~.~u~~ ..__....._m '--'-~ID~ie~-'::'-:::~"~ Tim.: Break-down .L location: J~_a~~_:___' Time: Are ~arti~ipants (Including floats, ~ahlcl.s .~d I D- Ye~ 'Id N~ [~d ~I ~ t"rJI E t F'()'. ...h . ... .. bands) charged an entry fee? A' m s on os an or n ry ee 5 . ~ Is t~IS.~~~- ~n~~al ev.en_t~ ~ _! .~-y~S .tI,~~- j, If a.~n~a.l..~a_s t~e.-~~te..ch~,~~~' ~~.0.e ~revlo~s Y~~r? .. . - - . !:'~.y-~ 0 No Name and phone number of EMT/Paramedlcs provider. 'Att~~danC8~ .:J.!::;(Yi Particip.nts: ~-() . ! B~~ls .~~. ~tiich--;tte~d~~~~ estimat~"~' ~~de: I" ! pre\lt~us year's total attendance - if applicable: I;r'.:.:...:......:-.... :.......:.............: ,['OVERALL EVENT DESCRIPTION ! d", f4tflk~6....~.IC,/OfJtoto7;9pl. df'i'~ /JGh /(111) E.Rs- 8/,/.1. wi ytl-ern ~"'5 Ul-e.-bo,{;)n, b,,;/J'fIjl, 1(I(J"j4{1f ;nJlw~f{llV") f1;skllJl/od - " .1 , j -- i 'S~e'~~t~r5:' .1... ... ..... I' . I Total: ',;2SQ .1 G:\pub.wrks\eng\1O.02 Race'Parade Ordinance\Ashland Special Event AppJica~on Fillable 03 18 10,doc - Page 1 of 9 ., ! B;ieflY.'PI;;'nevefl~tj:~;l'J~k;'adrJt:!ljet~fneed'Jf I()~ y~J<S o);.~~--- .-rl -I- ' L I.~ ~'flt~ 11(/"(//,1}1 /(/pV Qnnl//-br!n^/. 11I~-eV-l1l,.,j.,/S rf!/'1aJ<. a., ..I /1 Ilnr.:e.fl)':f f~,tl (pq) t.k.-t'l /11 jq/IJ, t)",,, :i""/ is tJ I dr'4,n4, I ) A I r ...... ....... . .r<,tf'.k.e... tic SAllie I ,,~, JI~yeHVJ ., ~r. I I STREETCLOSUREINFORr.\ATION i Names of streets to be closed (attach further closures on a separate sheet if needed) I i e mC4;f\ 5' t; .lBetw~an ;::''-,S 1:1 And ~,,,d :,; l Between I A~d . Between And Between And Between And I Special event route (i.e., held on sidewalk andlor street. changes to route. where and how you wish to travel) , (ALSO REQUIRED: a detailed map that Includes the start point. end point, direction of travel. and street names) Are you requesting a complete or rolling street closure? Why are you requesting this street closure? , . : ~~~.~!~~~i~CI~~~.~_=~~'- :r~;;~:-~~_~.~~:=~,~=:=~~~~=~~~]_~~~~=~~,':~:~',~~~._..__._-~~.-,'~~,'.~..'_- ~ ___.__. .,_ .____~,_,.~:'.. -- ,---,. Participant type and number of entries of each type (check all that apPIY):)cI Participants/Spectators _ 0 Animals_ o VehicJas_ 0 Floats _ 0 Bands_ 0 Blkes_ If you haw vehic';.a~~s3i', and/oi'baricis,piea,;a provida delaii. aboutlhesa anlrie,': . . Parking restrictions requested: Will your proposed route use N. Main, E. Main (Plaza - 3"'), L1thla\Nay, (3Id,t~ N., r-.1a1n), Siskiyou Bv (Wal~~r to 1~~~~,.~~~I~nd St (RR I o;:;:~~~~~:~?.... o~::'o~ ~.~~~~ :a~~~:~~~s~::~~:i;:~:'~TpennltscontactAdaniStallsworthitt54177"'B32!Jor j .0"il'~u~ ~,~p~~~"~~~t;'~ffe;.~~!~e_.~us route~ ~.:~~. ~.~~ Y~Y~s, ~~tac~ R~.? _~t.~.~-~9~2e.~.~.. . . I Will you agree to alter your route if OOOT and the Pub6c Works Department detern;,il),e the proposed route will require sIgnificant city I services and/or severely limit transit opportunitIes In high-volume areas? 0 Yes .JlY No I" . -- .... ..... - -., ... ... .'._,.,. --.... ..-.. . ..... ...'.. .....-_.. . .. . '-'-.-, ,-- . : EVENT DETAILS t "Do'as' yo'ur'eve~t invp'lve the-sale .of alcohoiic'b'evera-ge's?'O 'Yes 'fiif No" (Orego'n i.lq'jj~r'Coritroi: '541~TiS-6191) i httc:/Iwww.orecon.cov/OLCCllfcense Informatlon.shtml#How to Get a LiQuor License III yes, willlhis activily occur on (or spill Into) clly streels? 0 Yes 0 No i If yes, please describe: I t. Will' ~ems 'or'serVIces be 'sold'at' your"event? ejves' M No" (Food being' serVecFJaCkson County Health: s41~774-a206 hho./Iwww.coJacksonor.us/oaoe.aso7navid=712 ) J\ If yes, wlll this activity occur on (or spill Into) city streets? 0 Yes 0 No Please describe: I I I 1 I , "I G:\pub-wrks\eng\10-02 Race-Parade OrdlnancelAshland Special Event Application Fillable 0318 10,doc - Page 2 01 9 J~-"~"'~'---""~~ "~"-"'.""" n......._ .....-- .--.-~. ............ ... .'-' -. - ...-.~...l..---~--....-..~-~-....-. ---........ I Are you charging a fee for vendors to participate In your event? 0 Ves J&No .I How much: 1-.- .-------..-.----...--.----...----.---..-..-..- ----...------~.--- -.-..-- .- '-'--.--. - .-.-.-- .i wm the evenl have amplified sound? 0 Yes ~ No (If Yes, fill out separate ~Applicalion for Noise Pennit.M) i .is'th.is.a.fundraiSi~-;~;~t?-i.,yes:.'.pl;'~.;;. (ie;~bi~'"-""'~ .n . --........"..-- ... _'_--,-,._,,- .,..-...--- I . (\I 0 I ,! Do you have a recYcling plan 'for your' event? dYes M No I I I --..-_.___.__..________________ .._._______........_... _._._..__._n__..___._.___._._. __.____ J SAFETY/SECURITYNOLUNTEERS I' -....-.---..-... ----.--.------.---.---....-------------..--.-.---.-..--.----.---.....-....----...-. I Please describe YOuf.;t~S)~:r::;~1 a~ i~/t s9:;:SCu~+ +,. ()~ (J l.-~...-.._.,._.__...---^..-_.------- _.__..,....,..~ -.....,-.--.--..--"..--..---- -'.-.-.--..'..-- --.-.----~-~---~-----------.----. ___u__,___, _..nn._ ---,-,.. _. .0--- -,--_':7?_,-,- 1.~~iIu~~~~~~i:J[~~r:!~i;a:::e;:::;v;u::~monL~~i~~~~~t:~;~;;:q~:r:~t;!:?lit~~~I:d-;- Name and phone number of volunteer coordinator. . If yes in what capacity? '1 ---I ---'J Please describe your recycling and clean-up plans for this event: I ~-=-j J .._.n._ _ .__...__u__. ___"_'_'_"_",,_,,_,~, _...-..... __ ....._ ____." ..~. ._______..._.,..._________.__. _.. ..___n_._ .h.______._...___._.". . PUBLIC NOTIFICATION AND PROMOTIONAL INFORMATION !'PLEASENo'fE:YOU ARE-ADVISEDNOi TOANNOllNCE;ADvE'RTIs-i;"oii-PRoi.iiiTEvouR'EVENTumiLyouHAVEASIGNED-- , PERMIT. Please describe the ma~etlng and promotional effort planned for the event (advertisIng, flyers, etc.). Please also include strategies for nollfylng affected neighborhoods and businesses (14 days prior). ~I have read and agree to the nDUlleatJon requirements at the end of this application and understand that failure to noUfy the .pi!bllc will result In the revocation of my event permit INSURANCE INFORMATION HOLD HARMLESS AGREEMENT: iN CONSIDERATioN -OF THE ciTY OF ASHLAND CLOsiNG ONE OR MORE PUBLIC STREETS .. FOR THE ACTIVITY FOR WHICH THIS PERMIT WAS ISSUED, THE SPONSOR(S) OF THIS EVENT HEREBY AGREES TO SAVE THE CITY, ITS AGENTS, OFFICIALS, AND EMPLOYEES HARMLESS FROM AND AGAINST ALL DAMAGES to PERSONS OR PROPERTY, ALL EXPENSES, AND OTHER LIABILITY THAT MAY RESULT FROM THIS ACTIVITY. DEPENDING ON THE SIZE OF AND SCOPE OF THE EVENT A "CERTIFICATE OF INSUGjCE" MAY BE REQUIRED. Si.g.naturOO.'.Spo.~soror ., .~r~ IDate I .. 6-/"/;' Authorized RepresentaUvB! !,.tA..lJ ~ ... u 'I LIABILITY AGREEMENT: SPONSORS OF SMALL A ES, U\RGE PARADES, SMALL ATHLETIC, i..ARciE ATHLETIC, EXTRA LARGE USES, AND POSSIBLY EXCEPTIONS SHALL HOLD HARMLESS, DEFEND AND INDEMNIFY THE CITY AND THE CITY'S . OFFICERS, AGENTS AND EMPLOYEES AGAINST ALL CU\IMS, DEMANDS, ACTIONS AND SUITS (INCLUDING ALL ATTORNEY I FEES AND COSTS) BROUGHT AGAINST ANY OF THEM ARISING FROM SPONSOR'S ACTIVmES AUTHORIZED BY A STREET AND I SIDEWALK USE PERMIT. I The sponsor shall maintain public liability and property damage Insurance that protects the sponsor and the City and its officers, agents and ! employees from any and all claims, demands, actions and suits for damage to property or personal Injury, Including death, arising from the f sponsor's street and sidewalk USB. The Insurance shall provide coverage for not less than $1,000,000 for personal injury to each person, ! $1,000,000 for each occurrence. and $500,000 for each occurrence involving property damage; or a single limit policy of not less than .! $1,000,000 covering all claims per occurrence. CITY INSURANCE PROGRAM: SPONSORS OF STREET AND SIDEWALK USES THAT DO NOT CARRY THEIR OWN INSURANCE G:\pub-wrks\eng\10-02 Race-Parade OrdinancelAshland Spedal Event Applicatlon Fillable 03 18 10.doc - Page 3 01 g I_P~R~~<:~~~~~~S'~:--:..'.~'-~::===.._~:=::::.:~.-:_ ~:_~-~...:~~'=--:=:~.::.:.:.:.-:----_. ... ..~-:1 If your permit Is approved and Issued the following conditions may apply: 1. Fees - Fees for events are to be paid at least 30 days prior to the event Failure to pay fees may result in the revocation of the permit. See attached sheet for permIt fees. I 2, Notifications - Organizer will nollfy affected neighborl1oods and businesses and copies of nollficallons will be sent to Nancy Slocum at slocumn(Q)ashland or.us at least 14 days prior to the event and will indude a list of those notified. 13. Slgnage - Parking signage is coordinated through !he Police Department: traffic control sfgnage by the Street Department No signs J may be posted on utility posts or regulatory Sign posts. Event signs such as sandwich boards, pedestal signs, ground sIgns, etc are not I allowed. Some signs are allowed for charllable evenlS - call Planning Department at 541 488-5305. I 4. Volunteers - Organizer will adequately supply volunteers to staff posltfons along the route. Volunteers will be instructed to assist in 'I' staging a safe and orderly event. Volunteers must be easily identifiable through sol!le form of badge, arm band, bib, shirt or cap. Volunteers will remain on post until advised by Ashland Police Department that l:J1ey are no longer required. Proof of adequate number of I monitors shall be provided upon request of the Permit Coordinator at least 5 days prior to the event. S. Insurance - Sponsors of events shall provide coverage for not less than $1,000,000 for personal injury to each person. $1,000,000 for each occurrence and $1,000,000 for each OCCUrrence involving property damages; or a single limit policy of not less that $1,000,000 covering all daims per aa:urrenee. A copy of the insurance certificate must be received by the Pennit Coordinator prior to the event. 6. Pace - Organizer will ensure that all partldpants are aware they must maIntain an overall pace of.12 minutes per mlle. The Police supervisor may adjust the pace as necessary for tne safety of runners. Partidpants who fall behind will be required to move to the sidewaiks upon request by the Ashland Police Department. 7. Route - Routes for events will not be changed unless specific approval is given by the Permit Coordinator. The Pollee SupervIsor may approve changes on the day of the event. 8. State Highways - Large evenlS ullliling areas around ramps to state highways will be required to apply for and coordinate dosures with the Slate of Oregon Department ofTransportallon at 541-n4-6328. 9. Other dosures - Permits are Issued with a set starting and ending time. These times wlll not be changed without permission of the Pollee Supervisor on the day of the event or the Permit Coordinator. ResumDtion of nonnal traffic in these areas will occur at the end time soedfled on the event oermlt Any partidpant left on the course will be required to move to the sidewalks. 10. Other permits - Organizers are responsIble for ensuring all applicable permits are In place prior to the event These indude but are not limited to: park use, other venues and noise permIts. 'I&t I have read these conditions and agree to fulfill any requirements therein. BV signing thIS application, sponsor, or sponsor's authorized representative on behalf of sponsor agrees to ~Ji 'terms and conditions set forth in Ashland Munldpal Code and ,any special conditions listed in the permit As the sponsor or authorized representative, I certify that the Information provided Is true to the best of my knOWledge and agree to pay '~:r~~~~~F~~~del'n~by;rh'r~~d;r~Eli;tZ:~~e<!~~~~1~~'-..'- ... ;~~~~;d~;[;:~;~~:........j".'(U.~_~_-=_~_=:....-.:-::-:1.~~.~..[-.~:~?~~2~. Nancy Slocum, Special Events Program 20 East Main St (Physical Address: 51 Winburn Way) Ashland, Oregon 97201 Office: (541) 552-2420 - FAX (541) 488-6006 Emall: SlocumNta)ashlandor.us W~b: _~.ashland or..~s . ....-...../ . "....M RETURN THIS COMPLETED APPLICAll0N AND ROUTE MAPS TO: OFFICE USE ONLY: Event Type: 0 Small Sidewalk 0 Large Sidewalk 0 Street 0 Small Parade 0 Small Athlellc o large Parade 0 Large Athietic 0 Extra Large 0 Excepllon Extra servIces required: 0 Street Barricades, $THO 0 Street Sweeping, $180 0 Police, $THO Total fees assessed: Infonnatlon entered Into database? 0 Yes 0 No , Application sent to Special Events Review Committee? 0 Yes 0 No Date Sent: Event Approved? 0 Yes 0 No II no, meeting scheduled? 0 Yes 0 No When? Event approved at meeting? 0 Yes. 0 No Pennlt denied, with cause 0 Appeal 0 Event Amended? 0 Yes 0 No Event cancelled 0 Fee Paid: 0 Yes 0 No Date Paid: Amount: Date Pennlt Issued: G:\pub-wrks\eng\10-02 Race-Parade Ordinance\Ashland Special Event Applicallon FiUable 03 18 10.doc - Page 4 of 9 " F~'f-;-~~~EV~~~~~~~Q~g.':2_~~~'~~f~.1 ~- smail~-~I'-Less;;;;' 200 p.,;ple; h;;jd~;-;dewalk; obey all traffic regulabons; no dty -support-~ r~o-'-'-"-- Re~~_'_'11 j Sidewalk I required " - [" I I large ! At least 200 people; held on sidewalk; obey all traffic regulabons; minimal dty support I! TaD ? I : Sidewalk j required ! f,;:;=k~~~~!'~:;;;~"iO r~l=.'.~.1 I Small I blocks in length and the route is generallv less than one mile long; held in street; limited i TaD I Ves ' 1_-':::~~__+_;~;I;~;,rJ;;I;~~~;;~;;a_;t;~~~~;~n;~\~~ v;~~";~t___J_______. -------1 , , At least 75 people and the combInation of people, vehides and/or animals Is greater than I . I large I 10 blocks In length; held in street; animals or vehides allowed; police and maintenance TaD Ves Parade support Induding mapping and traffic control devices mav be needed due to interference with vehlOJlar traffic Small At least 200 people; held In the street; sponsor supplies security, traffic and malnterlance 'I Athletic support COMPETlTlVE ANO NON COMPETITVE EVENTS large I At least 7S0 People; h~d In stree~ ~-~~bal P;,lIce and ';'al~ten~nce s~Pport du~ to ~' TaD Athletic Interference with traffic. number of people. and length (Maximum of 2 per month) ___._.___._...1.____ --..... ___.n._.._ __ __._. .__ _______.__.___.._.___....._ _ __._ _____ ._____......__._. .._~ ~rge _1__ ~~l;~~_~;~;i~rf;~~~~:~E~~~~::~[~;:~~~/~~.......I:TaD-.V~. 1_~~ti!'~J...!f_pro~street a~dsl~,,~~~"'d:>es not ~~.o.ll':r~t:Yories________ ...._IJlI)_____.!""~L ~NY OF THES~-CO~Dm~NS EXIST -~~~~~~~E~\~E.:~~~~AL PE~rr ~OM-~~~~R AGEN~~--i' I -... PERl1NENTQU~ONS .... ._ lNHOTOCONTAcr. . _ PHONE ! Will a park be used for the formation or ending OIY oark: Parks Il. Reaeati n 541-488-5340 I i area or anywhere along the route? If ves: . 0 !:I~~';~::;:;~~_~~_O~~:~~I~~:~~I~._ __ m_~~~~~~~ o.~~~nt_...S:l~8:558~ __ ./ ~~;;~~:h:::~~~~:~~~:;~i;~-- ------o:7~q:~~n:I::~~:~ ---- -"-~~~:~;~'-.-1' 1- . - - -.-..... --. --... ....-..,.. .....-.-----....--....,-.....-. -. '--' .----..--.---.--.-.,...-...----,-.---.- ---..--..-. .,-....... ...._._ ..... ._.... .. .._ _...... : ::~~r:.)';;'~on InleIfere with a bus route or RVTD, Reid Operations Coordinator I" S41-n9-28n I 1-....--", .--.............-y...........--... '__~_u_.._~m.._..'____.____.__.__~__ ,',-....------.-... __"_'__'_ ._,__.....__.____ ___..__......._.._...... _.__ ".'.. __'U,._,.. __on ...... _ '". f Will your event Include a block party? If yes: Public Works Department 541-488-5587 I ::II~~~d':'::.t,:::::::::.e~~S~i~:~~~eS ".. '-... ~~i~~O~~rtJne~t ' '541-48~-558~ I I..v"'!.'._......_._.. '.-...._ .,._,___.__n_....__._._.._..._....._... on_...___.. ,- _,____.___ _.___._.__...__.._....__'_ _..._._...._ "_'__'_ . ,I : Will your event Include a neighborhood street falr ; : or community event with broad participation? If ~blic Works Deparbnent 541-488-5587! Jy~ I /'. - I i Will your event Include open fires or cooking Ashland Rre Department 541-482-2770' i equipment of anv klnd?If ves: PUBUCITY AND PUBUC NOnFICAnON OF SPECIAL EVENTS Sponsors are advised not to publldze j,,,,,,osed street and sidewalk UseS' until after receipt of the permit from the Public Works Department to avoid publication of misinformation. Sponsors who disregard this pre<:aution shall not receive spedal consideration in determining approval for the proposed street and sidewalk uses because of advance preparation or the expenditure of money. A precondition for receipt of a spedal event permit Is public notification and slgnage, SponsorS of large athletic. large parades. extra large uses, uses with a closed course and posslblV exceptions shall notify residential complexes, neighborhood groups, businesses and cI1urches which will be affected by the street and sidewalk use (slgnalure fOI1l1 endosed). The notification shall be made not less than fourteen (14) daVS before the street and sidewalk use date. The notification shall be in writing and shall Indude the name and telephone number of the appropriate City offidal to contact In case of questions or concerns. A notification ronn is at the end of this dOOJment A copy of the actual form of notification shall be sent to the Public Works Department not Jess than fourteen (14) days before the street and sidewalk use date with a list of those notified. TaD Yes Yes G:\pub-wrks\eng\10-02 Race-Parede Ordlnance\Ashland Spedal Event Application Rllable 03 18 10,doc ~ Page 5 of 9 CITY OF ASHLAND 20 East Main Street Ashland OR 97520 Office: (541) 488-5587 - FAX (541) 488-6006 Web: www.ashland.or.us Notification of Upcoming Street Closure for a Special Event Date: . / ~ -#..11/ 'I List name of the business or organization hosting the event: fJ:s~ Io.n d G/ /<5 ~-e...- List the name of the beneficiary (non-profit organization) of the event: &lk5131.<; '.lID 1 Approximate number of participants and spectators: ~JS 0 .J, Name and phone number of the contact person for the event: --.f!.,b... J?,v/o,;,1 ~7 d3 -6 Name of the event: _ The above listed have received a street closure permit for a community event. I Na~~s ~f st~~;~to b~cl~seci (~tta~hf~rther'~ios~~~s'~na's~pa~at~ sh;;t if~~~ed-)m- .. 1~=.if.;'~-ffi~I'~-~~=.'..: .-.....-~-'.B~~~e~:--..6~~.-I:;~.=:___~~-~~1~~~-:.. ti:;;'!~,z~--_.' :.~~=_~ ._._n__. ________. _B~tween___.___..._. _ __,_ j And_._ _n__u. _____._..__ _. __ !Betw~el1m_.___.. _I "nd.___ .. .-..--...... )' Between J' And ...... ........_. m__ _m..__. . ; __ _ Be~eell . -.----T.An-d""9-m- __. ___.. _ _...____ Time of Street Closure ..-' Staf'!::,I')-/flC(p A'\... ..m .....i~nd: ..,.. ......"'.t:'o,;'-.~ . Participant type and number of entries of each type (check all that apply): "]gJ Participants/Spectators _ 0 Animals _ 0 Vehicles _ 0 Floats _ 0 I Bands ~ 0 Bikes_ The approved route is shown on the attached map. If you have questions about the Oty's administration of this permit, please contact: Nancy Slocum, Oty of Ashland Public Works Department, 541-552-2420, slocumntlllashland.or,us, For event-specific questions please contact the event contact person listed above. For questions/concerns on the day of the event, please contact: X ,the on-site contact for this event. G:\pub-wrks\eng\ID-02 Race-Parade Ordinance\Ashland Spedal Event Applica~on Filiable 03 18 10.doc - Page 6 of 9 ) CITY OF ASHLAND 20 East Main Street Ashland OR 97520 Office: (541) 488-5587 - FAX (541) 488-6006 Web: www.ashland.or.us OFFICE USE ONLY: Date Received On time: 0 Late: 0 Notification Certification To be submitted to the Public Works Department by Event Organizer . at least 14 days prior to the event. L I '1Iq'll./ fish/and elks j)~1-f... Ust name of the business or organization hosting the event: _ Name and phone number of the contact person for the event: ~i<- I3e1Olstrf> Name of the event: Ga / ; ~t> .3 , ;gl I certify that the entities listed below have been notified about mv upcoming special event. I::~~;~o~:~;::~~:~"'r---" -....------.- ........-- ........---....--~r~~~:-J-.- -.:- ... -----------., Name/Business Address Phone Emall f.ls~ lafleA Orllt; Look;"" {,.~s B-/5 7i h...-t (;.cSS'lIr<..S r~ f2~'Sf~ilrt:tllf , 1-/" f-.r t u :s f3ll1dttlS J..e-rr~J fJ"b p., 1\4 "",.f \ Please submit this form to: Nancy Slocum, City of Ashland Public Works Department, 541-552-2420, slocumn@ashland.or.us. G:\pub-wrkslengll0-02 Race-Parade OrdinancelAsl1land Special Event Appl/ca~on RI/able 03 18 10,doc - Page 7 of 9 CITY OF ASHLAND 20 East Main Street Ashland OR 97520 Office: (541) 488-5587 - FAX (541)488-6006 Web: www.ashland.or.us OFFICE USE ONLY: Date Received On time: D Late: D Signature Form for Notification of Upcoming Special Event Street Closure (if required by Public Works Department) Ust name of the business or organization hosting the event: _ Ust the name of the beneficiary (non-profit organization) of the event: _ Approximate number of participants and spectators: _ Name and phone number of the contact person for the event: _ Name of the event: The above listed are proposing a street closure for a community event. The closure of between and Ore" a community event will be.held on ..... from for "'Ie -, until 'me ... By signing below, we, the abutting residents and/or business representatives affected by the proposed closure, acknowledge notification of the above listed street closure. Printed Name/Business Signature Address Phone Please submit this form 10: Nancy Slocum, City of Ashland Public Works Department, 541-552-2420, slocum n<wash'aod.or. us. G:\pub-wrks\eng\10-02 Race-Parade Ordinance\AShland Special Event Application Allable 03 18 10.doc - Page B of 9 CITY OF ASHLAND 20 East Main Street Ashland OR 97520 Office: (541) 488-5587 - FAX (541) 488-6006 Web: www.ashland.or.us OFFICE USE ONLY: Date Received On time: 0 Late: 0 Additional Insured Endorsement (If the City of Ashland determines a liability agreement will be required, per fee schedule and AMC 13.02 Public Rights of Way) "Without prejudice to coverage otherwise existing herein, the City of Ashland and all other governmental bodies having Jurisdiction in the area, their officers and employees are included as additional Insureds under this policy as to any claim or claims for injury to person, including death, or damage to property, resulting from or in any way associated with the use of or presence at the street, area or facility to which the permit for (name of event) pertains, by the sponsor/applicant, its agents! employees, volunteers, event participants or spectators. This policy covers all ciaims by the sponsor/applicant, its agents, employees, volunteers, event participants or spectators against the City of Ashland, members of the Oty Council, and the officers, agents and employees of the City, "It is understood and agreed that this policy shall not terminate or be cancelled prior to completion of the event without first giving 30 days' written notice of Intention to terminate or to cancel said policy to the Ashland Public Works Department. "Notwithstanding the naming of additional Insureds, the said policy shall protect each insured in the same manner as though a separate policy had been issued to each; but nothing herein shall operate to increase the insureris liability as set forth elsewhere in the policy beyond the amount or amounts for which the Insurer would have been liable if only one person or Interest had been named as Insured. The coverage must apply as to claims between insureds on the policy," I~;.~;';~~~-;s~a;;;e~(~~~>.-~=~-'-_ -~r~=~.:~..~.-~==:. I ~~~_~~~~~_~f. '.~~!~~.___ 1 ..-_[~~~~'r I Authorized Insurance' Company i I Representative (Printed Name and Title) ! Signature of Authorized Company I l.~p~~~~t.~~~.. L I_ Date I I I Please submit this form to: Nancy Slocum, City of Ashland Public Works Department. 541- 552-2420, slocumn(li)ashland.or.us. G:\pub-wrks\eng\10-02 Race-Parade OrdlnancelAshland Special Event Application Flllable 03 18 10.doc - Page 9 of 9 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Depl.: Approval: Urban Renewal Areas and Tax Increment Financing September 21, 2010 Primary Staff Contact: Bill Molnar Community Development E-Mail: molnarb(@.ashland.or.us None Secondary Contact: Maria Harris Martna Benne Estimated Time: 30 minutes Question: Does the Council have questions about tax increment financing as an option that will be studied to implement the Council's goals of addressing infrastructure financing and economic development? Staff Recommendation: This is an informational item intended to provide.general background information on the basic mechanics of urban renewal areas and tax increment financing. Tax increment financing is one option that the City should evaluate as part ofthe City Council goal of developing a strategy for funding infrastructure and public facilities for economic development projects. Staff recommends that the next step after this briefing will be to conduct a feasibility study to evaluate the viability of urban renewal in the employment areas of Ashland. Background: The Economy section of the 2010-2011 City Council Goals includes the following goal: "Develop an implementing strategy for funding infrastructure and public facilities for economic development projects." Additionally, the Croman Mill Site Redevelopment Plan includes "Identify the feasibility of creating an Urban Renewal District and Urban Renewal Plan" as a next step which is needed to implement the redevelopment plan. Urban renewal areas that use tax increment financing to fund public improvements and building rehabilitation, and to facilitate private investment and reinvestment are a commonly used tool throughout Oregon and the Rogue Valley. This is not like Federal "urban renewal" programs of the 1960s except that there has to be "blight" in the urban renewal areas. This planning and financing tool is a potential option for addressing the Council's goal regarding funding infrastructure and public facilities for economic development projects. Typical projects completed within urban renewal areas and financed with tax increment financing include streets, utilities, traffic calming measures, pedestrian, bicycle and transit facilities, public parks and plazas, as well as fa9ade improvement grants for existing buildings. The attached document addresses frequently asked questions about urban renewal areas and tax increment financing. After determining the area or areas that are to be considered for a possible urban renewal plan, the next step is to conduct a feasibility study to asses the eligibility and feasibility of the area(s) as an urban renewal area(s). Don Burt, Central Point Planning Manager and former director of Medford Urban Renewal Agency (MURA), and Dan Thorndike, former MURA board member, have graciously agreed to attend the September 21 City Council Meeting to discuss the basic mechanics of urban renewal areas and tax increment financing, and to share their experiences about the use of urban renewal and tax increment financing in the Rogue Valley. Page I of2 . ~~, CITY OF ASHLAND Related City Policies: 2010-2011 City Council Goals 2008 Croman Mill Site Redevelopment Plan Council Options: This is an informational item, and no action is requested. Attachments: Frequently Asked Questions about Urban Renewal Potential Urban Renewal Areas Map Page 2 of2 ~~, Urban Renewal Frequently Asked Questions CITY OF ASHLAND What is urban renewal? The purpose of urban renewal is to ftnance a series of projects designed to facilitate the revitalization of poorly developed or underdeveloped areas. These areas can have deteriorated buildings and bad streets and utilities, or the areas can lack streets and utilities altogether. Urban renewal provides three types of authority that are not otherwise available to local governments. . It allows for the use of tax incremeot ftnancing to ftnance improvement projects. . It allows for special powers to buy and assemble sites for development or redevelopment, if that is desired . It allows for special flexibility in working with private parties to complete development projects. How does urban renewal funding work? Urban renewal is unique in that it can be ftnanced using tax increment ftnancing. The tax increment is the funding . derived from the iocrease in taxable property values over time within an urban renewal area. The assessed value of an urban renewal area at the time an urban renewal plan is adopted is called the frozen base. Growth above the base is called the increment. As property values increase within the district because of new investmcnt and appreciatioo of existing property, the resulting iocrease io property taxes (the 'tax iocrement') is captured and used to pay ofTbonds. As part of the urban renewal plan, a municipality identiftes a boundary around an urban renewal area, identiftes speciftc improvements to be carried out in the urban renewal area and over time issues bonds to pay for those improvements. Wheo the urban renewal area expires and the urban renewal bonds are fully retired, the "tax increment" is restored to the regular tax rolls, and the taxing jurisdictions beneftt from the increased valuations that urban renewal helps to create. ORS Chapter 457, the State's urban renewal law, authorizes the use of tax incremeot ftnancing to fund projects and activities as defmed io ao urban reoewal plan. For local government to use urban renewal, it must establish an urban renewal agency aod it mw:t adopt an urban renewal plan. How can urban renewal funds be spent? Urban renewal funds can be spent 00 capital projects which help alleviate the deteriorated conditions within an urban renewal area. Urban renewal funds cannot be used for operations or maintenance. Eligible expenditures include: . Permanent public improvements such as transportation facilities, utilities, lighting, trees, parks, plazas. . Financial and technical assistance for private reinvesbnent including fa\'8de improvemeot grants, home repairs and improvements, and commercial rehabilitation incentives. . Funding partnerships for Dew housing and mixed use developments and acquisition (typically for key redevelopment sites or public projects). . Planning of capital projects and general administrative costs related to thC activities of the urban rencwalagcncy. What is an urban renewal agency? Urban rcncwal agcocics are created by statc law (ORS Chaptcr 457), but are speciftcally activated by thc City Council. Thc agcocics arc separatc legal bodies from the City Council, but in most cases the urban renewal agency board is composed of members of the City Council. 911512010 Page 1 Wbat are urban renewal plans? To do urban renewal projects with tax increment financiog, the projects must be autborized in ao uman renewal plan. The plan applies to a specific geograpbic area of tbe city, which is called the urban renewal area. In adopting the plan, the City Council must find the area is eligible for urban renewal because of existing "blight", which is defmed as conditioDS such as deteriorated buildings and lack of adequate infrastructure. Although not a specific requirement by law, most urban renewal plans include a duration (sunset) clause. Most uman renewal plans have a 20 to 25 year duration, after which the plan is deemed completed and terminated. Wbat are tbe criteria for creating an urban renewal area? o For cities with a population less thao 50,000, the total amount ofland within the city's existing and proposed urban renewal areas cODStitutes no more thao 25% of the total land area in the city's. o For cities with a population less thao 50,000, the total amount of assessed values within the city's existing and proposed urban renewal areas constitutes no more than 25% of the city's total assessed value. o The area in question meets the statutory definition of "blight". State uman renewal law makes it clear that "blight" can refer to a host of conditions, including lack of infrastructure, age and physical condition of buildings, under-utilization of property (frequently evaluated in terms oflow improvement.to-Iand value ratios), and other factors. o Carrying out the urban renewal plan is economically sound and feasible. How is an urban renewal plan adopted? First, the City Councilor urban renewal agency decides that it wants to consider an area for a possible plan. This decision is usually in respODSe to interest io the community in revitalizing the area. Then the eligibility and feasibility of the area as an uman renewal area is studied. The preparation of an urban renewal plan requires a determinatioo of whether or not the plao is financially feasible, and addresses whether the revenues will be sufficient to cover costs. The financial feasibility of an uman renewal plan is based on an analysis of the plans' cash flow (tax increment revenue) over the duration of the plan. This "feasibility study" includes information about property values, development conditioDS, availability and conditioo of streets and utilities, and other key factors. If the area is found eligible by the City Council and it wishes to proceed with uman reoewal, an urban renewal plan and report is prepared. The urbao renewal plan addresses the criteria for formation of an urban renewal area, the plan's fiseal impact on affected taxing districts and other requiremeots of ORS Chapter 457, the State's urban renewal law. The urban renewal plan establishes the area boundary, maximum indebteduess, guiding principles, demonstration of compliance with relevant CompreheDSive Plan policies and goals, and a list of c1igible improvemeots. An uman renewal plan must be presented to the Planning Commission for its recornmendatioDS and then must be adopted by the City Council after a public hearing is held. Notice of the public hearing must be scntto each individual household in the city. What is maximum indebtedness? Maximum indebtedness is the maximum amount of uman renewal debt that can be issued over the life of an urban renewal area. Can an urban renewal area be amended after its formation? If so, what is tbe process? Urban renewal plans must provide a description of the possible types of future amendmeots that are "substantial" and will therefore require the same noticing, hearing, and approval procedure as the original plan. The state statutes offer some guidance as to amendments that are required to be defioed as "substantial": those that increase the size of the urban reoewal area by more than I %, and those that increase maximum indebteduess by any amount. It is typical for 9/1512010 Page 2 municipalities to defme lesser ameodments for Council approval or other administrative approvals with specified approval processes. Can the City coodemn property in an Urban Renewal Area? Under recent state legislation, municipalities cannot condemn property for private development. So, for instance, if the urban renewal agency seeks to acquire some or all of a piece of property for what will ultimately be a private use, it can ooly acquire the affected properties from willing sellers. Will urban renewal increase people's property taxes? State laws about the value of property for tax purposes (the "assessed value") are the same regardless of whether or not the property is in an urban renewal area. Specifically, state law limits the grow1h in the assessed value to 3% per year, unless a property owner coostructs a major redevelopment or remodeVreuse of the property. Even if real market values increase more aggressively due to the beneficial impacts of urban renewal, the assessed value will not increase by more than 3%. In many cities, taxable property has a real market value substantially higher than the assessed value, and urban renewal does not impact on the property taxes for these properties. Does urban renewal have a financial impact on taxing jurisdictions? During the time that the urban renewal plan is in effect, the city, county and other taxing entities will receive the same funding as they are currently collectiog in the area. Any increase over current tax revenue will be set aside to directly pay for projects in the urban renewal area. After the urban renewal area is closed out, the expectation is that taxing jurisdictions will see more revenues due to the success of thc urban renewal area in generatiog more private investment than would have taken place if the urban reoewal area had not been formed in the first place; and the public entities will have ,additional assets paid in part by the urban reoewal area. The city is obligated to consult with affected taxiog jurisdictions in the feasibility analysis and in the formatioo of an urban renewal area. It is also required to send a notice citywide regarding the proposal to form the urban renewal area. Will urban renewal bave a financial impact on the school district? As a general rule, school districts are not impacted the same way that the cities and counties are by urbao renewal areas. The State of Oregon manages the Slate School Fund (SSF) for all K-12 public schools in the state and allocates monies to districts based on a per pupil basis, not on the collection rate. An urban renewal area would collect tax increment revenues off the school district's permanent rate, and could have a marginal impact on statewide funds. However, the school district's annual budget is not directly impacted. Sources: July 14, 2010 Memomndum Iiom Don Bm1 to City of CentIaI Point City COlmci1 Urban Renewal Frequently Asked Questions, City of Hillsboro, On:gon "An OveIView of Urban Renewal", by Tasbman Johnson lLC, October 2000 911512010 Page 3 c-- - fl=7F It) , ~ r=ILJ cj> - I /1 0\ "'\ 0 h IAi ~ ,\ .f''! 1">;~ / ,~~V /~& r--,' -- ~Y/ (~~<' <\~~ / o.~-;-<-_ -, ~; iL ~u1&~!')~ \-""0~h0 ' 1/ " l.J:.~c'Y;F<\.~~~ ---: '~~ ~,~ '/<;t ' i~~~4"'1i~1' ~I H ~fl8mvl": J~i'--~~ /, J!~ll~R~-~II'" " 'I: ,/'c-r-F1~n'9Jmli" ' /~<l!\!!l!i" fH.l.U;; ~~i=IlE d I:--~;]~ ~~~.~?'~ / 'f li@f ,~Q~'ltffitDl;ll~l- ~c'::: ~ L I-~.I' l!:ldiillL~,'iOO);:;;;b'mi!tliEliEE@I 1- I If- I l.[J "" J~h/IWio/HUfufJl:HttfSIT I at-,~JhlJirJfiI~~~ \ -, '/;-j// ~:VliT-'~r??$~I[~lr";Jr ) ,I I/;~/l -"~~~~fj~lllit,~~, I' 1/ L~/-1\ 'i~~i~?' fJEs"/,\ V I, / " \~ I '~<1EI1:/l!H: ~, I I c-nm /' '(JLth\~LLU C~M' 1mJ1!RL-~bEliI!'lDmlL&lI:!:lElJI1 1"- --It // j"\i~'\"' 'I' " · ..J~. IJ //!- .rr ! ~llliiJmlllili' ,,)<:( /d~jV ~~- ,,~mm\'4'. 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CITY Of ASHLAND Council Communication Meeting Date: Department: Secondary Dept.: Approval: National Citizen Survey September 21,2010 Primary Staff Contact: Administration E-Mail: None Secondary Contact: Martha Benn Estimated Time: Ann Seltzer seltzera01ashland.or. us None 10 Minutes Question: Does the Council agree with the timing and plan to conduct the National Citizen Survey (NCS) in Ashland as part of using performance measures and improving communications with citizens? Staff Recommendation: Staff recommends conducting a citizen survey in FY201 0-2011, using the standardized National Citizen Survey. The survey results will serve as benchmarks for future comparisons and enable staff to track department performance measures consistent with Council Values. Background: The National Citizen Survey was developed by the National Research Center, Inc. and ICMA (International City/ County Managers Association) to provide a statistically valid survey of resident opinions about their community and the services provided by local govemment. The objective is to identify community and service strengths and weaknesses and to provide useful information for planning, resource allocation, performance measurement and program and policy evaluation. Results can be used to benchmark service ratings, identify opportunities to increase civic involvement, track and evaluate performance measures, monitor trends in resident opinion and more. This will assist departments in evaluating performance measures during the budget process. The survey is administered by mail. A postcard is sent to randomly selected households announcing that a survey will follow. The survey is sent a week later and is followed by a "reminder" one week after that. The basic service includes a sample size of 1,200 residents and typically 400 surveys are returned which translates to a margin of error of 5%. Results are compared to the NCS database of more than 500 jurisdictions and compared to a subset of similar jurisdictions within a region or population category. The survey questions center on eight focus areas which are consistent with Council Values and Department Performance Measures. The survey is standardized and allows for three "Ashland" questions and one open ended question. Staff will work with the NCS to develop the three questions. The cost of the survey is approximately $16,000 which includes the base survey, a comparison to previous City of Ashland surveys (if possible), custom benchmark comparisons of other similar communities, demographic crosstabs, one open-ended question and a web survey open to the entire community but not as a scientific sample. Page I of2 r~' CITY OF ASHLAND Timeframe October 25 January 10 January 17 January 24 April 4 submit final paperwork to NCS including Ashland specific question. mail postcard mail survey mail reminder receive final report Related City Policies: Council Values Council Options: N/A . Potential Motions: No Council action required. This is for informational purposes only. Attachments: 1. National Citizen Survey 2. Examples of questions related to Council Values and Performance Measures Page2of2 ~j.' 1. Excellent Good Fair Poor Don't know ABC as a place to live .............................................................................. 1 2 3 4 5 ~'i[ourJneig6oP'1hPQdraamlaGeliRlliy.e.......:..:............................................~,_._J_~~_ A8C as a place to raise children ............................................................... 1 2 3 4 5 ~Bt;ij'as!amlikelt:'lwo","'................................J.................J"........~.J:............____3~ ABC as a place to retire............................................................................ 1 2 3 . 4 5 jj\'elo~elaimi~ali1Y1'Qfll~~j;ii'l'A.:Bk............:......",...........,.....b........".........,~ 2. Please rate each of the following characteristics as they relate to ABC as a whole: Excellent Good Fair Poor Don't know 5ense of community................................................................................. 1 2 3 4 5 IDllenness ano amegta 1liverse l5aGKgrounos Overall appearance of A8C...................................................................... 1 2 3 4 5 ~;;ai)One~sTOi~If~~!..................................................i........:....L.......!!~ Overall quality of new development in ABC ............................................1 2 3 4 5 ~flliousin!l[Olltl)'n".........:.....................................,.!!.................(l_._J-......... 1,_ Overall quality of business and service establishments in A8C................. 1 2 3 4 5 ~1lP.i!.lg[QP.p:o:rtUijities~ _ Opportunities to attend cultural activities................................................. 1 2 3 4 5 [E;e<!ieatl~r.talrop.AA~I!,h1.....:.~......~..,:......!!!'!.........e:-.......l...~1....2_3~ Employment opportunities .......................................................................1 2 3 4 5 [E"lJuratimrallollpp.rti1liitl)'sI...................................................~....................~I Opportunities to participate in social events and activities ....................... 1 2 3 4 5 . ~P.J?o;r,t!!i!lii~toJllailii1i~t~g[QUSr61lsp.iiJfUaI[e\Ieijt!;Iaij(j~iy:iliBtll~2....-4-.~.1I. Opportunities to volunteer....................................................................... 1 2 3 4 5 ~p'P-Qr,t\lij~irsttoI~~tY.I\\):atler.>~,.,.:...:JI!!J!I:............~J~ Ease of car travel in A8C .......................................................................... 1 2 3 4 5 IEaseloflQimtrav.ellii)fP.1B:=..,."."......:.:.................................:::..............:""_!~liiII~ Ease of rail or subway travel in A8C......................................................... 1 2 3 4 5 rEmofl~~lmttav.eIJi!!.t1Ii~:.........~.~..............""'.~.I~~..:...... ~ ~p_ Ease of walking in ABC............................................................................ 1 2 3 4 5 ~Y.ail~ll1litYl!i!flj5all)sfai'i'i:J~IKii)g{@ils!.....:.:.:.".~.........:...............:......:......."'.'~_ Traffic flow on major streets..................................................................... 1 2 3 4 5 rP.iiiiountlQflP.!i1J1 ic'l"I?i!!!fu!!;,............ .......... ....... ............. .......... ..........7.:. ..... ...i Availability of affordable quality housing ................................................. 1 2 3 4 5 ~l@il~ltlli~flil'ft'~alJl.eI'lY1!!i!~QII(jlGar.e~............!~=.................11_2~1lIiIiIIIIIII*4"'''''''..5_ Availability of affordable quality health care ............................................ 1 2 3 4 5 ~Y-aila~lilYlQf[a'ffQ(OaQlelqualilYIf5'JX.,....................................................."'.__~1~.1 5 ._ Availability of preventative health services............................................... 1 2 3 4 5 ~uali!"...:..".............................................:................~.jl......r!!L.........~2~~-..-5_ Quality of overall natural environment in A8C ........................................ 1 2 3 4 5 ~1~g~li:utatiQi'i10f~8j::~............!e............,.................:.........~; 3. Please rate the speed of growth in the following categories in ABC over the past 2 years: Much Somewhat Right Somewhat Much Don't too slow too slow amount too fast too fast know Population growth ......................................................... 1 2 3 4 5 6 ~gr.ow.tbl(stQte:s~~taO:raljtsle@)............~:..............~ Jobs growth.................................................................... 1 2 3 4 5 6 Ji\--~ ~'" ) , " iiJ' j "~ , , . . lJ 11 ~ 4l gj 11 ~ 4l gj l1'~ 4l gj Page 1 of 5 c ...x:::~ational Citizen survey~ 4. To what degree, if at all, are run down buildings, weed lots or junk .vehicles a problem in ABC? o Not a problem 0 Minor problem 0 Moderate problem 0 Major problem 0 Don't know 5. Please rate how safe or unsafe you feel from the following in ABC: Very Somewhat Neither safe Somewhat Very Don't safe safe nor unsafe unsafe unsafe know Violent crime (e.g., rape, assault, robbery) ..................... 1 2 3 4 5 6 ~r.!!ill9l:c"im:esl(Wg&g~I;~..'.......................l..~ Environmental hazards, including toxic waste................ 1 2 3 4 5 6 6. Please rate how safe or unsafe you feel: Very Somewhat Neither safe Somewhat Very Don't safe safe nor unsafe unsafe unsafe know In your neighborhood during the day............................. 1 2 3 4 5 6 l!!.lJvourjneigljomh:oo'Oia'li~ja(K..... ................. ............ ....1 In ABC's downtown area during the day........................ 1 2 3 4 5 6 [IDf~B1!i~o)Vntownlacealafttrt<JarK..............................=,_2"'--_ 7. During the past 12 months, were you or anyone in your household the victim of any crime? o No -+ Go to Question 9 0 Yes -+ Go to Question 8 0 Don't know -+ Go to Question 9 8. If yes, was this crime (these crimes) reported to the police? o No 0 Yes S''' ~r " 4J " I!l . . 4J . &l ~ o Don't know 9. In the last 12 months, about how many times, if ever, have you or other household members participated in the following activities in ABC? 10. About how often, if at all, do you talk to or visit with your immediate neighbors (people who live in the 10 or 20 households that are closest to you)? o Just about every day o Several times a week o Several times a month o less than several times a month Never Used A8C public libraries or their services .............................................. 1 (l!Jsea'~B:<!f~e\or.eati.o,)Iceoters, Participated in a recreation program or activity........................................ 1 ~laloeigti09r1JOiXlWiir;a)(;i'(Zf!Jai'k,........,........,!l!l.........~,.........d Ridden a local bus within ABC ................................................................ 1 I!(ttenlloo a meeting of looal electoo officials m ottier. looal RuOlic meetin ............................................................................................... 1 Watched a meeting of local elected officials or other XYZ-sponsored public meeting on cable television, the Internet or other media ............ 1 2 [1ira'1J'A.:B~},~sl1!tte.r..)...l...,.............""............,........:0.................................1.;;.2 Visited the XYZ of A8C Web site (at www..com) ............................... 1 2 ~.cle<iIuseoJP.!!~llGanslorlb'OttlesIfrom~r.lli'ome.........................,.:-.... 1! Volunteered your time to some group or activity in ABC......................... 1 2 3 4 5 i ~P.;jtm.lii;)1!;!W~o'Mor~slli'/.iiUalramiy.iii'1!'S!jljfA.:8:E1....................L..........~I_ t- ~ Participated in a club or civic group in ABC............................................. 1 2 3 4 5 .J:: 1P.~i~l\'9I~lmtP!aft[iro'HQr.lneig~D:Q~......o:.:."................,......~]~:.::..~...&> _l.III.,~....I~ ~ . "' " o .2 ,. z o o "i ;; o N . Once or twice 2 3 to 12 times 13 to 26 More than rimes 26 rimes 3 4 5 ~'iI ~ ~ 41 &l .~ .. 234 -'_4- 234 . . , ,. o ~ o ~ o o .~ o " o .2 ,. z . ~ .... Page 2 of 5 The XYZ of ABC 2010 Citizen Survey 11. Please rate the quality of each of the following services in ABC: Excellent Good Police services .............................................................. .......... .... ............. 1 2 ~se~i,(::~..:......................~~......:....:.........:...:........".........................:.:................111. Ambulance or emergency medical services.............................................. 1 2 Fair 3 ~ 4J. &l 4 5 Poor Don'r know 4 5 3 Fire prevention and education ................................................................. 1 2 @b \I ~ ~ 4Jfil 4 5 3 ~ 'il ~ ~ 4J l!J Traffic enforcement ..................................................................................1 2 3 4 5 l!!:lil:l1l .. . Ir"~ '41 l!J 4 5 5treet cleaning .............................................................................."......." 1 2 ~Sti'eetll;gL Snow removal.......................................................................................... 1 2 ~walkIIDaiij'tenan5't,.."..........,.........,....:......c,...........,.........".........,.........,. Traffic signal timing ................................................................................. 1 2 3 .. ..." . '.. . ~ .. S. . 4J 3 4 5 . ~ .. 41 fil 3 4 5 Garbage collection............. ........................ ............... ..... .............. ............ 1 2 lil!:J;;(llj'llim1'lIl 1] ~ .n 4J l!J 4 5 3 3 1] ~ ~ 4J fil 4 5 Yard waste pick-up .................................................................................. 1 2 ~ Drinking water. ..................... ..... .............................................................. 1 2 . . .. 1] ~".n 4J 3 ~~ ~ .n ,4J" fil 4 5 Power (electric and/or gas) utility............................................................: 1 2 3 ~ ~. ~ 4J fil Recreation programs or classes ................................................................ 1 2 l~e)Oreation~cei)terst~rlf~litl.es....................I...........................................~..I1~2 Land use, planning and zoning ...............................................................1 2 (<!OClelenforcement\{w.~S!raWij(lon:e<JID'Wlain~'Iek.,_...........................L~~ Animal control ........................................................................................1 2 IEconomillOexelop.m:entl............................................,...I..!..................W--. Health services ........................................................................................ 1 2 ~S~icesltoI~nIQr:~. Services to youth...................................................................................... 1 2 3 ~S.erEicesltmlii'i'i.:linlZomel~~......"...".........:;...................................._ Public library services.............................................................................. 1 2 3 rP..UoliGlii'ifonnationI~lMices Public schools.................. ................................... ..................... ................ 1 2 3 4 5 . . II ~... ~ 4J ~ 4 5 ~ ~ 4J &l 4 5 1] ~ ~ 41 4 5 @l!fuJ~ 1] ~ ~ 4J ~ Emergency preparedness (services that prepare the community for natural disasters or other emergency situations) ...................................1 P.resetvation eenoelts 12. Overall, how would you rate the quality of the services provided by each of the following? Excellent Good Fa;r The XYZ of A8C ...................................................................................... 1 2 lTIbl!~mlr(i)o.v.ern,j,~niJ.r.:..:...............".............:........,~~..;.;......................:.,.:j:_~U The State Government .............................................................................1 2 (<!j:!~<!o:untY.l(i)o.v.emment 2 3 4 5 @fjlilUl:lIil1l~ ~@ljml~~f!IiliJ . . ~ 4J" ~1] ~ ~ 4J Page 3 of 5 .x:~ational Citizen Survey" 13. Have you had any in-person or phone contact with an employee of the XYZ of ABC within the last 12 months (including police, receptionists, planners or any others)? o No ~ Go to Question 15 0 Ves ~ Go to Question 14 14. What was your impression of the employee(s) of the XYZ of ABC in your most recent contact? (Rate each characteristic below.) Excellent Good Fair Poor Don't know Knowledge...............................................................................................1 2 3 4 5 ~ppnsi.Y.el)es';.,....:......:..........:......,:o.~..:.;................................:~...............~ Courtesy .................................................................................................. 1 2 3 4 5 (<!!geralllimpLession.....................................................................::::,!:~.~1~2__~ 15. Please rate the following categories of ABC government performance: ExceIJent Good Fair Poor Don 't know The value of services for the taxes paid to A8C ........................................ 1 2 3 4 5 ilih~IoY.erallrai~iOi'iithatfe:B:@l.iSliaKi~....................~~...~.............,'~~ The job ABC government does at welcoming citizen involvement ........... 1 2 3 4 5 16. Please indicate how likely or unlikely you are to do each of the following: . Very Somewhat Somewhat Very Don't likely likely unlikely unlikely know Recommend living in ABC to someone who asks........................... 1 2 3 4 5 l~em:aallffife:B:<!ifgmli:eln!'~l!OO'ly.E\a""'~..."'..,..~J:.~...................."'J!l'~S'- 17. What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be: o Very positive 0 Somewhat positive 0 Neutral 0 Somewhat negative 0 Very negative 18. Please check the response that comes closest to your opinion for each of the following questions: a. Policy Question #1 Policy Question #1 Policy Question #1 Policy Question #1 Policy Question #1 Policy Question #1 Policy Question #1 Policy Question #1 Policy Question #1 Policy Question #1 Policy Question #1 Policy Question #1 Policy Question #1 Policy Question #1 Policy Question #1 Policy Question #1 Policy Question #1 o Scale point 1 0 Scale point 2 0 Scale point 3 0 Scale point 4 0 Scale pointS b. Policy Question #2 Policy Question #2 Policy Question #2 Policy Question #2 Policy Question #2 Policy Question #2 Policy Question #2 Policy Question #2 Policy Question #2 Policy Question #2 Policy Question #2 Policy Question #2 Policy Question #2 Policy Question #2 Policy Question #2 Policy Question #2 Policy Question #2 o Scale point 1 0 Scale point 2 0 Scale point 3 0 Scale point 4 0 Scale pointS c. Policy Question #3 Policy Question #3 Policy Question #3 Policy Question #3 Policy Question #3 Policy Question #3 Policy Question #3 Policy Question #3 Policy Question #3 Policy Question #3 Policy Question #3 Policy Question #3 Policy Question #3 Policy Question #3 Policy Question #3 Policy Question #3 Policy Question #3 o Scale point 1 0 Scale point 2 0 Scale point 3 0 Scale point 4 0 Scale pointS d. OPTIONAL [See Worksheets for details and price of this option] Open-Ended Question Open-Ended Question Open-Ended Question Open-Ended Question Open-Ended Question Open-Ended Question Open-Ended Question Open-Ended Question Open-Ended Question Open-Ended Question Open-Ended Question Open-Ended Question Page 4 of 5 u .= "" o E o u "' " ~ ~ o '" " c o .~ Z o ;; ~ o o N . . , ,. o ~ , ~ c o .g iJ " c o .~ Z o "' >- The XYZ of ABC 2010 Citizen Survey ~ liouseliollJ. ~gain, all of y'ou~ res y'mous anlJ willl'ie rt!P'oneo in gm.!!p. for 01. Are you currently employed for pay? a No -+ Go to Question 03 a Yes, full time -+ Go to Question 02 a Yes, part time -+ Go to Question 02 D2. During a typical week, how many days do you commute to work (for the longest distance of your commute) in each of the ways listed below? (Enter the total number of days, using whole numbers.) Motorized vehicle (e.g., car, truck, van, motorcycle, etc...) by myself .......... f'Y1ot0rizea :venmle (e.g" ear., truel<, van, moto!JN.Gle, etG...) witli orne, Gliill:lren o~ aoults ........................... Bus, Rail, Subway or other public transportation ................................. days """"'~I 'I ......~ .Vilal~ ................................................._ . ....!i!y,!;J 8icycle .............................................. days ~I'1:O,..!,1;(e!........R'.........~.........."III_ -dY]J Other ................................................ days D3. How many years have you lived in ABC? a Less than 2 years 0 11-20 years a 2-5 years a More than 20 years a 6-10 years 04. Which best describes the building you live in? a One family house detached from any other houses a House attached to one or more houses (e.g., a duplex or townhome) a 8uilding with two or more apartments or condominiums a Mobile home a Other D5. Is this house, apartment or mobile home... a Rented for cash or occupied without cash payment? o Owned by you or someone in this house with a mortgage or free and clear? D6. About how much is your monthly housing cost for the place you live (including rent, mortgage payment, property tax, property insurance and homeowners' association (HOA) fees)? a Less than $300 per month a $300 to $599 per month a $600 to $999 per month o $1,000 to $1,499 per month a $1,500 to $2,499 per month a $2,500 or more per month 07. Do any children 17 or under live in your household? a No 0 Yes D8. Are you or any other members of your household aged 65 or older? a No a Yes 09. How much do you anticipate your household's total income before taxes will be for the current year? (Please include in your total income money from all sources for all persons living in your household.) a Less than $24,999 a $25,000 to $49,999 a $50,000 to $99,999 0$100,000 to $149,999 0$150,000 or more .111e:as~~p~.iSti~~]:Ol1ii'i::d~ D10. Are you Spanish, Hispanic or Latino? o No, not Spanish, Hispanic or Latino a Yes, I consider myself to be Spanish, Hispanic or Latino Dll. What is your race? (Mark one or more races to indicate what race you consider yourself to be) o American Indian or Alaskan Native a Asian, Asian Indian or Pacific Islander o 81ack or African American a White a Other 012. In which category is your age? a 18-24 years a 55-64 years a 25-34 years a 65-74 years a 35-44 years 0 75 years or older a 45.54 years D13. What is your sex? a Female a Male D14. Are you registered to vote in your jurisdiction? a No a Ineligible to vote o Yes 0 Don't know 015. Many people don't have time to vote in elections. Did you vote in the last general election? a No a Ineligible to vote o Yes a Don't know 016. Do you have a cell phone? a No a Yes D17. Do you have a land line at home? a No a Yes 018. If you have both a cell phone and a land line, which do you consider your primary telephone number? o Cell 0 Land line a Both ve.)l. P.lease return tlie coml!letelJ ,ell €ente~, Inc., P.@ Box 5~9, Bel Page 5 of 5 Examples of NCS Questions Council Values/Department Performance Measures September 21,2010 The following are examples of select questions that are in the NCS and relate to Council Values/Performance Measurements. Examples ofNCS questions related to Council Values: Participatory government We value government that is open, accessible, honest and democratic. We value responsive and visionary leadership by elected officials. We have professional, high quality staff. We seek to be efficient and effective with public funds. Our citizens are engaged with their local government as volunteers and in critical community decisions. ~ Please rate each of the following characteristics as they relate to Ashland as a whole...: . Opportunities to volunteer . Opportunities to participate in community matters ~ In the last 12 months about how many time if ever have you or other household members participate in the following activities in Ashland? . Attended a meeting oflocal officials or other local public meeting . Watched a meeting of local elected officials or other local public meeting on cable television . Visited the city website ~ Please rate the following categories of Ashland government performance...: . The value of services for the taxes paid to Ashland . The job Ashland government does at welcoming citizen involvement . The job Ashland government does at listening to citizens Natural Environment Our town is part of nature's community. We seek to enhance the quality of water, land, air, and wildlife. We actively support energy conservation and alternative energy generation. Our parks and open spaces provide habitat for plants and animals and access to nature for our residents. ~ Please rate each of the following characteristics as they relate to Ashland as a whole...: . Air quality . Quality of overall natural environment in Ashland . Preservation of natural areas such as open space, farmlands and greenbelts Responsible Land Use We value sustainable use ofland, water, energy, and public services; our architectural heritage; and buildings with quality design and construction. We value a vibrant downtown, Lithia Park and strong neighborhoods. We support transit, bicycling, and walking throughout our land use plans. ~ Please rate each of the following characteristics as they relate to Ashland as a whole...: . Overall quality of development in Ashland . Variety of housing options . Ease of walking in Ashland . Ease of bicycle travel in Ashland Examples of questions related to Performance Measures Code Compliance The Police Department, Fire Department and Planning Division have performance measures directly related to code compliance. ~ Please rate the quality of each of the following services in Ashland...: . Code enforcement (weeds, abandoned buildings etc.) ,~To what degree, if at all, are run down buildings, weed lots or junk vehicles a problem in Ashland? Community Safety The Police Department includes a performance measure to ensure 98% of residents feel safe visiting the Downtown area. ~ Please rate how safe/unsafe you feel: . In Ashland downtown during the day . In Ashland downtown after dark Quality Recreation Programs/Safe, Clean Parks Specific performance measures for Parks and Recreation ~ In the last 12 months, about how many times, if ever, have you or other household members participated in the following activities in Ashland? . U sed Ashland recreation centers . Participated in a recreation program or activity . Visited a neighborhood park or City park 2 CITY OF ASHLAND Council Communication Meeting Date: Department: Secondary Depl.: Approval: Ordinance Relating to Noise and Heat Pumps or Mechanical Devices and Amending AMC 9.08.170, 9.08.175, and 15.04.185 September 21,2010 Primary Staff Contact: Megan Thornton City Attorney's Office E-Mail: thorntm@ashland.or.us Community Deve ment Secondary Contact: Bill Molnar Martha Be Estimated Time: 15 minutes Question: Will the Council approve First Reading of an ordinance titled, "An Ordinance Relating to Noise and Heat Pumps or Mechanical Devices and Amending AMC 9.08.170,9.08.175, and 15.04.185" and move the ordinance on to Second Reading? Staff Recommendation: Staff recommends Council approve the First Reading of this ordinance and set the matter for Second Reading. Background: . The AMC provisions regarding noise were originally adopted in 1968, and the decibel standards were added in 1982. Based on staff's experience in enforcing this code, staff recommended updating a number of the noise provisions, especially the provisions regarding heat pumps and mechanical devices. It was also necessary to update sections of the code that attempted to distinguish between commercial and non-commercial speech, which is not allowed under the Oregon Constitution. Staff also received feedback from Council requesting that the antiquated references be removed and that staff consider looking at the League of Oregon Cities (LOC) model noise ordinance when updating the language. The proposed ordinance addresses all of these concerns. The heat pump and mechanical device provisions were amended to clearly state what decibel standard applies by stating the installation year, instead of referring to the date the ordinance was adopted. In addition, because decibel standards apply to heat pumps and mechanical devices, those provisions were moved to 9.08.170.E, regarding decibel level readings, and eliminated from Chapter 15, Buildings and Construction. Section 15.04.185, heat pumps and mechanical devices, was repealed because it suggested there would be an inspection to determine noise levels before an installation permit would be granted, but this is not possible because the device must be installed for an inspection to take place. Staff believes that consolidating all of the standards into one section will make it easier for citizens to locate and comply with the standards regarding heat pumps and mechanical devices. There has been confusion and litigation over these code provisions in Ashland Municipal Court and Jackson County Circuit Court, and the Circuit Court Judge also suggested revising these sections. The LOC model ordinance and the City's noise provisions are both based upon the reasonable person standard; therefore, staffwas able to borrow from the model ordinance to update the current language in the code. These revisions made it possible to eliminate references to noises that are produced by a vitro la, steam whistle, and bells attached to animals. Definitions were also added to make the Page I of4 r~' CITY OF ASHLAND ordinance clearer. The following Table shows the current noise provision, and the corresponding adaptation of the model ordinance section that was used to effectuate the update: @ur.r.ellt JiJ.JliliIl,,311.!te 1. The keeping of any bird or animal, including specifically any dog, which by causing frequent or long-continued noise disturbs the comfort and repose of any person in the vicinity. 2. The attaching of a bell to an animal or allowing a bell to remain on an animal. 3. The use of a vehicle or engine, either stationary or moving, so out ofrepair, loaded, or operated as to create any loud or unnecessar atin, iodin, ranhn , or other noise. 4. The sounding of a horn or signaling device on a vehicle on a street, public place, or private place, except as a necessary warning of danger. 5. The blowing ofa steam whistle attached to a stationary boiler, except to give notice of the time to begin or stop work, as a warn in of dan er, or u n re uest of ro er Ci authorities 6. The use of a mechanical device operated by compressed air, steam, or otherwise, unless the noise thereby created is effectively mumed; 7. The erection, including excavation, demolition, alteration, or repair of a building in residential districts, other than between the hours of seven (7:00) a.m. and six (6:00) p.m. weekdays, and on weekends and Holidays between the hours of eight (8:00) a.m. and six (6:00)p.m., except in case of urgent necessity in the interest of the public welfare and safety and then only with a permit granted by the City Administrator for a period not to exceed ten (10) days. The permit may be renewed for periods of five (5) days while the emergency continues to exist. If the Council determines that the public health, safety and welfare will not be impaired by the erection, demolition, alteration, or repair ofa building between the hours of six (6:00) p.m. and seven (7:00) a.m., and if the Council further determines that loss or inconvenience would result to any person unless the work is permitted within these hours, the Council may grant permission for such work to be done within specified hours between six (6:00) p.m. and seven (7:00) a.m. upon application therefore being made at the time the permit for the work is awarded or during the progress of the work. (Ord. 2580, I 990)The actual owner of property may do work on property which is actually owner occupied between the hours of six (6:00) p.m. and ten (10:00) p.m. without obtaining a permit as herein re uired; 8. The use of a gong or siren upon a vehicle, other than police, fire, or other emergency vehicle; IlQ oseil ~Ililill"an..ce 2. Animals and Birds. Unreasonably loud and raucous noise emitted by an animal or bird for which a person is responsible. A 'person is responsible for an animal if the person owns, controls or otherwise cares for the animal or bird. Model Ord. S6.H) See general prohibition in proposed ordinance *9.08.170.8. See general prohibition in proposed ordinance S9.08.170.8. 3. Vehicle Horns, Signaling Devices, and Similar Devices. The sounding of any horn, signaling device, or other similar device, on any automobile, motorcycle, or other vehicle on any right-of-way or in any public space of the City, for more than ten consecutive seconds. The sounding of any horn, signaling device, or other similar device, as a danger warning is exempt from this rohibition. ModelOrd. '6.B See general prohibition in proposed ordinance *9.08.170.8. II. Blowers, and Similar Devices. In residential or noise sensitive areas, between the hours of9:00 p.m. and 7:00 a.m., the operation of any noise-creating blower, power fan, power tools or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, provided that the noise is unreasonably loud and raucous and can be heard across the property line of the property from which it emanates. (Model Ord. 6.L 6. Construction or Repair of Buildings, Excavation of Streets and Highways. The construction, demolition, alteration or repair of any building or the excavation of streets and highways other than between the hours of7:00 a.m. and 7:00 p.m., on weekdays, and 8:00 a.m. and 6:00 p.m. on weekends and holidays, except in the case of an emergency in the interest of the public welfare and safety. In cases of emergency, construction or repair noises are exempt from this provision. In non-emergency situations, the City Administrator may issue a permit, upon application, if the City Administrator determines that the public health and safety, as affected by loud and raucous noise caused by construction or repair of buildings or excavation of streets and highways between the hours of7:00 p.m. and 7:00 a.m. will not be impaired, and if the City Administrator further determines that loss or inconvenience would otherwise result. The permit shall grant permission in non- emergency cases for a period of not more than five days. The permit may be renewed once for a period of five days or less. The actual owner of property may do work on property which is owner occupied between the hours of 6:00 p.m. and 10:00 p.m. without obtaining a permit under this paragraph. (Model Ord. *6.1) 4. Non-Emergency Signaling Devices. Sounding or permitting sounding of any amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place for more than ten consecutive seconds in any hourly period. The reasonable sounding of such devices by houses of religious worship, ice cream trucks, seasonal contribution solicitors or by the City for traffic control purposes arc cxem t from the 0 eration of this rovision. (Model Ord. ~6.C Page 2 of4 r~' 9. The creation of excessive noise on a street adjacent to a school, institution of learning, church, or court of justice, while the same are in use, oron a street adjacent to a hospital, nursing home, or other institution for the care of the sick or infirm, which unreasonably interferes with the operation of such institution or disturbs or unduly annoys patients; 10. The discharge in the open air of exhaust of a steam engine, internal combustion engine, motorboat, or fTlotor vehicle except through a muffler or other device which will effectively prevent loud or exolosive noises and the emission of annovinl! smoke; 11. The use or operation of a'1 automatic or electric piano, musical instrument, stereo, radio, or similar device, television, computer, loudspeaker, or any instrument for sound producing or any sound- amplifying device so loudly as to disturb persons in the vicinity thereof or in such a manner as renders the use thereof a nuisance. However, upon application to the City Administrator, or designee and a report from the Chief of Police, the City Administrator or designee may grant permits to responsible persons or organizations for the broadcast or amplification of programs of music, news, speeches, or general entertainment as a part of a national, state or City event, public festivals, or special events of a noncommercial nature. If the City Administrator or designee disapproves such a permit, the matter may be appealed pursuant to the AMC 2.30, and the decision of the Hearings Officer, who shall not be the City Administrator, shall be final. The broadcast or amplification shall not be audible for a distance of more than one thousand (1,000) feet from the instrument, speaker, or amplifier, and in no event, shall a permit be granted where any obstruction to free and uninterrupted traffic, both vehicular and pedestrian, will result. 12. The making of a noise by crying, calling, or shouting or by means of a whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument, or other device for the purpose of advertising goods, wares, or merchandise, attracting attention, or inviting patronage of a person to a business. However, newsboys may sell newspapers and magazines by public outcry; 13. The conducting, operating, or maintaining of a garage within one hundred (l00) feet of a private residence, apartment, rooming house, or hotel in such manner as to cause loud or disturbing noises to be emitted there from between the hours of eleven (11:00) p.m. and seven (7:00) a.m.) CITY OF ASHLAND 10. Noise Sensitive Areas - Schools, Courts, Churches, Hospitals, and Similar Institutions: The creation of any unreasonably low;! and raucous noise adjacent to any noise sensitive area while it is in use, which unreasonably interferes with the workings of the institution or which disturbs the persons in these institutions; provided that conspicuous signs delineating the boundaries of the noise sensitive area are displayed in the streets surrounding the noise sensitive area. (Model Ord. *6.K) . See general prohibition in proposed ordinance ~9.08.170.B. 7. Radios, Televisions, Boomboxes, Stereos, Musical Instruments and Similar Devices. The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors and passers-by, or is plainly audible at a distanc.e of 50 feet from any person in a commercial, industrial area, or public space. The use or operation of a radio, television, boombox, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet, and comfort of neighbors in residential or noise sensitive areas, including multi-family or single-family dwellings. (Model Ord. ~6.E) 8. Loudspeakers, Amplifiers, Public Address Systems, and Similar Devices. The unreasonably loud and raucous use or operation of a loudspeaker, amplifier, public address system, or other device for producing or reproducing sound is prohibited without a permit from the City Administrator. The City Administrator may grant a permit to responsible persons or organizations for the broadcast or amplification of sound as a part of a national, state, or city event, public festival, or special events ofa noncommercial nature. If the City Administrator does not grant the permit, the matter may be appealed to an outside hearings officer pursuant to AMC 2.30. This permit shall not be required for any public performance, gathering, or parade for which a permit authorizing the event has been obtained from Ihe City. {Model Ord. S6.F\ 9. Yelling, Shouting, and Similar Activities. Yelling, shouting, hooting, whistling, or singing in residential or noise sensitive areas or in public places, betWeen the hours of 10:00 p.m. and 7:00 a.m., or at any time or place so as to unreasonably disturb the quiet, comfort, or repose of reasonable persons of ordinary sensitivities. This section is to be applied only to those situations where the disturbance is not a result of the content of the communication but due to the volume, duration, location, timing or other factors not based on content. (Model Ord. ~6.G)' 12. Commercial Establishments Adjacent to Residential Property. Unreasonably loud and raucous noise from the premises of any commercial establishment, including any outdoor area which is part of or under the control of the establishment, between the hours of II :00 p.m. and 7:00 a.m., which is plainiy audibie at from the nronertv line of any residentiai nronertv. {Model Ord. ~6.M\ The ordinance includes exemptions for regular vehicular traffic, emergency vehicles, emergency signals, railroads, airports, certain types of construction, and some outdoor activities. It is necessary to exempt railroads and airports because these industries are regulated by federal laws, such as the Noise Page 3 of4 ~.1I. ...'1 CITY OF ASHLAND Control Act of 1972, Federal Aviation Act, Airport Noise and Capacity Act of 1990, and federal rules regarding the railroad and airport noise. In addition, the Supreme Court and the 9th Circuit have both held that local laws that "Congress unequivocally intended that the federal government have 'full control over aircraft noise, pre-empting state and local contra!.'" San Diego Unified Port v. Gianturco, 651 F.2d 1306, 1311 (1981) (citing City of Burbank v. Lockheed Air Terminal. Inc., 411 U.S. 624, 633 (1973)). Related City Policies: Ashland City Charter Article X, Ordinance Adoption Procedures Council Options: (I) Move to approve First Reading of the ordinance and set the matter for Second Reading. (2) Postpone First Reading of the proposed ordinance. Potential Motions: Staff: Conduct First Reading by title only. Council: Move to approve First Reading of the ordinance and set the matter for Second Reading. Attachments: Proposed ordinance Page4of4 ~~, ORDINANCE NO. AN ORDINANCE RELATING TO NOISE AND HEAT PUMPS OR MECHANICAL DEVICES AND AMENDING AMC 9.08.170, 9.08.175, AND 15.04.185 Annotated to show deletions and additions to the code sections being modified. Deletions are bold" -' and additions are bold underlined. WHEREAS, Article 2. Section] of the Ashland City Charter provides: Powers of the Citv The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession; WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of Beaverton v. International Ass'n of Firefighters. Local ]660. Beaverton Shop, 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, the noise ordinance was adopted in ] 982; WHEREAS, the code should be updated to remove antiquated language, modify standards, and · address problems with the mechanical devices provisions. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: . SECTION 1. Sections 9.08.] 70 [Unnecessary Noise] through 9.08.] 75 [Heat Pumps or Mechanical Devices] are her"by amended to read as follows: 9.08.170 Unnecessary Noise A. Definitions. For the purposes of this section only. the followinl!: words shall have the meaninl!: provided in this paral!:raph. 1. Emerl!:encv: anv occurrence or set of circumstances involvinl!: actual or imminent physical trauma or p'roperty damai!:e demandinl!: immediate attention. 2. Emerl!:ency Work: any work performed for the purpose of preyentinl!: 'or alleyiatinl!: physical trauma or property damal!:e, whether actually caused or threatened by an emerl!:ency. or work by private or public utilities when restorinl!: utility service. Ordinance No. Page] of9 3. City Administrator: the City Administrator of City or the City Administrator's designee. 4. Noise Sensitive Area: includes. but is not limited to. real property normally used for sleeping. or normally used as a school. church, hospital or public library. . 5. Plainly audible: any sound that can be detected by a reasonable person of ordinary sensitivities using his or her unaided hearing faculties. 6. Public right-of-way: any street. sidewalk. or similar place normally accessible to the public which is owned or controlled by a government entity. 7. Public space: any real property or structures on real property. owned by a government entity and normally accessiblc to the public, including but not 'Iimited to parks and other recreational areas. 8. Residential property: any real property located in a residentially zoned district pursuant to the local land use code. A. B. General Prohibition. No person shall make, continue. or assist in makingl eontinue, or eause to he made I) any unreasonably loud, disturbing, or raucous noise; or 2) any unneeessary noise whieh either that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, safety, or peace of reasonable persons of ordinary sensitivity. within the iurisdictionallimits ofthe CitY.: or others. 3) any noise which is so harsh. prolonged. unnatural. or unusual in time or place as to occasion unreasonable discomfort to any persons. or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business. or as to detrimentally or adversely affect such residences or places of business. B. h The standard for judging loud, disturbing and unnecessary noises shall be that of an average, reasonable person with ordinary sensibilities after taking into considerationl Such noises 'i\'hieh are in violation of this section include hut are not limited to the f-allowing: 1. the character of the neighborhood in which the noise is made and the noise is heard;, 2. the proximity of the sound to sleeping facilities, whether residential or commercial: 3. the thc land use. nature. and zoning of the area from which the sound emanates and the area where it is received or perceived: 4. the time of day or night the sound occurs; 5. the duration of the sound; and 6. whether the sound is recurrent. intermittent. or constant. D. Noises Prohibited. The following acts are declared to be per se violations of this. Ordinance. This enumeration does not constitute an exclusive list: 1. Unreasonable Noises. The unreasonable making of. or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous or unusual noise. disturbance. commotion or vibration in any'boarding facility, Ordinance No. Page 2 of9 dwellinl!:. plaee of business or other structure. or upon any public street. park. or other place or buildinl!:. The ordinary and usual sounds. noises. commotion or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonablv disturb the peace and comfort of adiacent residences or which will not detrimentallv affect the operators of adiacent places of business are exempted from this provision. 2. Animals and Birds. Unreasonablv loud and raucous noise emitted bv an animal or bird for which a person is responsible. A person is responsible for an animal if the person owns. controls or othenvise cares for the animal or bird. 3. Vehicle Horns. Sil!:nalinl!: Devices. and .similar Devices. The soundinl!: of any horn. sil!:nalinl!: device. or other similar device, on any automobile. motorcvcle, or other vehicle on any ril!:ht-of-wav or in any public space of the City. for more than ten consecutive seconds. The soundinl!: of any horn. sil!:nalinl!: device. or other similar device, as a danl!:er warninl!: is exempt from this prohibition. 4. Non-Emerl!:enev Sil!:nalinl!: Devices. Soundinl!: or permittinl!: soundinl!: of any amplified sil!:nal from any bell. chime, siren, whistle or similar device. intended primarilv for non-emerl!:enCV purposes, from any place for more than ten consecutive seconds in any hourlv period. The reasonable soundinl!: of such devices bv houses of relil!:ious worship, ice cream trucks. seasonal contribution solicitors or bv the City for traffic control purposes are exempt from the operation of this provision. . 5. Emerl!:encv Sil!:nalinl!: Devices. The intentional soundinl!: or permittinl!: the soundinl!: outdoors of any emerl!:enCV sil!:nalinl!: device includinl!: fire. burl!:lar, civil defense alarm, siren. whistle, or similar emerl!:enCV sil!:nalinl!: device, except in an emerl!:enCV or except as provided in subsections (a) and (b), below. . a. Testinl!: of an emerl!:encv sil!:nalinl!: dcvice shall occur between 7:00 a.m. and 7:00 p.m. Anv testinl!: shall use onlv the minimum cvcle test time. In no ease shall such test time exceed five minutes. Testinl!: of the emerl!:encv sil!nalinl!: system shall not occur more than once in each calendar month. b. If a false or accidental activation of an alarm occurs more than twice in a calendar month. the owner or person responsible for the alarm shall be in violation of this Ordinance. 6. Construction or Repair of Buildinl!:s. Excavation of Streets and Hil!:hwavs. The construction, demolition, alteration or repair of any buildinl!: or the excavation of streets and hil!:hwavs other than between the hours of 7:00 a.m. and 7:00 p.m.. on weekdays, and 8:00 a.m. and 6:00 p.m. on weekends and holidavs, except in the case of an emerl!:encv in the interest of the public welfare and safety. In cases of emerl!:enCV, construction or repair noises are exempt from this provision. In non-emerl!:enCV situations. the City Administrator may issue a permit, upon application, if the City Administrator determines that the public health and safety, as affected bv Ordinance No. Page 3 of9 loud and raucous noise caused bv construction or repair of buildines or excavation of streets and hiehwavs between the hours of7:00 p.m. and 7:00 a.m. will not be impaired. and if the City Administrator further determines that loss or inconvenience would othenvise result. The permit shaH grant permission in non-emergcncv cases for a period of not more than five days. Thc permit may be renewed once for a period of five days or less. The actual owner of property may do work on property which is owner occupied between the hours of 6:00 p.m. and 10:00 p.m. without obtaining a permit undcr this paragraph. 7. Radios. Televisions. Boomboxes. Stereos. Musical Instruments and Similar Devices. The use or operation of a radio. television. boombox. stereo. musical instrument. or similar device that produces or reproduces sound in a manner that is plainlv audible to any person other than the plaver(s) or operator(s) of the device. and those who are voluntarilv listening to the sound. and wh'ich unreasonablv disturbs the peace. Quiet. and comfort of neighbors and passers-by. or is plainlv audible at a distance of 50 feet from any person in a commercial. industrial area. or public space. The use or operation of a radio. television. boom box. stereo. musical instrument. or similar device that produces or reproduces sound in a manner that is plainlv audible to any person other than the plaver(s) or operator(s) of the device. and those who are voluntarilv Iistenine to the sound. and unreasonablv disturbs the peace. Quiet. and comfort of neighbors in residential or noise sensitive areas. including multi-familv or single-familv dwellines. 8. Loudspeakers. Amplifiers. Publie Address Systems. and Similar Devices. The unreasonablv loud and raucous use or operation of a loudspeaker. amplifier. public address system. or other device for producing or reproducing sound is prohibited without a permit from the City Administrator. The City Administrator may erant a permit to responsible persons or oreanizations for the broadcast or amplification of sound as a part of a national. state. or city event. public festival. or special events of a noncommercial nature. If the City Administrator does not erant the permit. the matter may be appealed to an outside hearines officer pursuant to AMC 2.30. This permit shaH not be required for any public performance. eatherine. or parade for which a permit authorizing the event has been obtained from the City. 9. Yelling. Shoutine. and Similar Activities. Y clling. shouting. hooting. whistline. or sineine in residential or noise sensitive areas or in public places. between the hours of 10:00 p.m. and 7:00 a.m.. or at any time or place so as to unreasonablv disturb the Quiet. comfort. or repose of reasonable persons of ordinary sensitivities. This section is to be applied onlv to those situations where the disturbance is not a result of the content of the communication but due to the volume. duration. location. timing or other factors not based on content. 10. Noise Sensitive Areas - Schools. Courts. Churches. Hospitals. and Similar Institutions. The creation of any unreasonablv loud and raucous noise adiacent to any noise sensitive area while it is in use. which unreasonablv interferes with the workings of the institution or which disturbs the persons Ordinance No. Page 4 of 9 in these institutions; provided that conspicuous si2ns delineatin2 the boundaries of the noise sensitive area are displaved in the streets surroundin2 the noise sensitive area. 11. Blowers, and Similar Devices. In residential or noise sensitive areas, between the hours of9:00 p.m. and 7:00 a.m., the operation of any noise-creatin2 blower, power fan, power tools or any internal combustion en2ine, the operation of which causes noise due to the explosion of operatin2 2ases or fluids, provided that the noise is unreasonablv loud and raucous and can be heard across the property line of the property from which it emanates. 12. Commercial Establishments Adiacent to Residential Property. Unreasonablv loud and raucous noise from the premises of any commercial establishment, includin2 any outdoor area which is part of or under the control of the establishment, between the hours of 11 :00 p.m. and 7:00 a.m., which is plainlv audible at from the property line of any residential property. 1. The l,eeJling of any bird or animal whieh by eausing frelJuent or long eontinued noi5e di5turbs the eomfort and reJlose of any Jlerson in the '/ieinity; 2. The attaehing of a bell to an animal or allowing a bell to remain on an animal; 3. The use of a vehicle or engine, eithcr stationary or moving, so out of rCJlair, , loaded, or oJlerated as to create any loud or unnecessal)' grating, grinding, rattling, or other noise; i. The sounding of a horn or signaling dc-liee on a vehiele on a street, Jlublic Jllace, or JlrY/ate Jllaee, exeeJlt as a neeessal)' warning of dangcr; 5. The blowing of a steam whistle attached to a stational)' boiler, exceJlt to give notice of the time to begin or stoJl worl" as a warning of danger, oruJlon relJuest of JlroJler City authorities; 6. The use of a mechanical dC'/iee oJlerated by eomJlressed air, steam, or otherwise, unless the noise thereby ereated is effectively muffled 7. The erection, ineluding exca'/ation, demolition, alteration, or reJlair of a building in rcsidential districts, other than between the hours of seven (7:1111) a.m. and six (6:1111) Jl.m. 'Nee!,days, and on weel,ends and Holidays benncR the hours of eight (8:1111) a.m. and six (6:III1)Jl.m., exceJlt in case of urgent necessity in the interest of the Jlublic welfare and safilt5, and then only with a Jlermit granted by the City f.dministrator f-or a Jlcriod not to exceed ten (111) days. . The Jlermit may be renewed f-or Jleriods of ii'/e (5) days while the emergency eontinues to exist. If the Couneil determines that the Jlublie hcalth, safilty and welfare will not be imJlaired by the ereetion, demolition, alteration, or reJlair of a building between the hours of six (6:1111) Jl.m. and se'len (7:1111) a.m., and if the Couneil further determines that loss or incoB'/enience ',o:'ould result to any Jlcrson unless the worl, is Jlermitted within these hours, the Council may grant Jlermission for such work to be done within sJleeified hours betwcen six (6:1111) Jl.m. and senn (7:1111) a.m. uJlon aJlJllieation thcref-ore bcing made at the time the Jlermit for the work is awarded or during the Jlrogress of the work (Ord. 25811, 199(1)The aetual owner of JlroJlcrty may do work on JlroJlerty which is actually owner oeeuJlied between the hours of six (6:1111) Jl.m. and ten (111:1111) Jl.m. without obtaining a Jlermit as herein relJuired; . Ordinance No. Page 5 of9 8. The use of a gong or siren upon a -,ehicle, other than poliee, fire, or other emergency vehicle. 9. The ereation of exeessive noise on a street adjaccnt to a school, institution of learning, ehurch, or court of justice, while the same are in use, or on a street adjaeent to a hospital, nursing home, or other institution for the care of the sie" or infirm, whieh unreasonably interferes with the operation of sueh institution or disturbs or unduly annoys patients; HI. The discharge in the open air of exhaust of a steam engine, internal combustion engine, motorboat, or motor vehieIe except through a muffler or other dcviee which will effecth'ely prevent loud or explosh'e noises and the emission of annoying smol,e; 11. The use or operation of an automatic or electric piano, phonograph, gramophone, Victrola, radio, television, loudspeal,er, or any instrument fur sound produeing or any sound amplifying device so loudly as to disturb persons in the vicinity thereof or in such a manner as renders thc use thereof a nuisanee. However, upon aflplieation to the Cit)' ".dministrator and a report from the Chief of Police, the Cit)' Administrator may grant permits to responsible persons or organizations for the broadcast or amfllifieation of flrograms of music, news, speeches, or general entertainment as a part of a national, state or Cit)' event, publie festpials, or special events of a noncommercial nature. If the Cit)' Administrator disapflro-,es such a permit, the matter may be appealed to the Cit), Couneil whose decision shall be final. The broadeast or amplification shall not be audible for a distanee of more than one thousand (1,000) feet from the instrument, sfleaker, or amplifier, and in no e,'ent, shall a permit be granted where any obstruction to free and uninterrupted traffic, both vehieular and pedestrian, will result. (Ord. 2307, ~ 12. The mal<iRg of a noise by crying, ealling, or shouting or by means of a whistle, rattle, bell, gong, clapper, horn, hammer, drum, musical instrument, or other de,'ice for the purpose of ad-,ertising goods, wares, or merchandise, attraeting attention, or in-,iting patronage of a person to a business. However, newsboys may sell newspaflers and magazines by publie outery; 13. The conducting, oflerating, or maintaining of a garage V\:ithin one hundred (100) feet of a private residencc, apartment, rooming house, or hotel in such manner as to eause loud or disturbing noises to be emitted therefrom between the hours of eleven (11:00) p.m. and seven (7:00) a.m. b. E. Generallv sound measurements are not required for enforcement of this chapter; however, sound measurements are required for enforcement pursuant to this section. If sound measurements are taken, thev shall be taken with a sound level meter in good operating condition. Any source of noise which exceeds the following standards is considered a public nuisance~ I. Decibel Noise Standards Allowable Statistical Noise Levels in anv One Hour: 7 a.m. to 9 p.m. 9 p.m. to 7 a.m. L50--50 DBA L50--45 DBA LlO--55 DBA LlO--50 DBA Ordinance No. Page 6 of9 LI--60 DBA LI--55 DBA where: L50 = noise level exceeded 50% of the time LlO = noise level exceeded 10% of the time LI = noise level exceeded 1 % of . the time 2. Standards for measurement. Standards for measurement of noise sourccs shall be deseribed in "Sound Measurement Proeedures Manual," eurrent re'/ision, as adopted by the State Department of Environmental Quality. ;. 2. Where measured. Measurement of a noise source shall be made from the closest property line of a residential property. strueture in a residential zone. i. Construction aetivities exempted. Noise from temporary eonstruction activitics is exemptcd from the noise performance standards from 7:00 a.m. to 9 p.m. 3. Heat Pumps or Mechanical Devices. !!:. No person shall operate a commercial or residential heat pump. air- conditioning unit. or similar mechanical device if noise levels from its operation exceed forty-five (45) DBA from the closest property line of a residential property on an adiacent parcel ofland characterized as a noise sensitive area. b. No person shall operate a commercial or residential heat pump. air- conditioning unit. or similar mechanical device that was installed prior to 1981 if noise levels from its operation exceed fifty (50) DBA from the closest propcrty line of a residential property on an adiacent parcel ofland characterized as a noise sensitive area. S Heat Pumps or Mechanical Devices is a Class II violation. S. 4. 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 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 hardshi p. F. Exemptions. 1. Sounds caused bv the following are exempt from the prohibitions set out in paragraph D and are in addition to the exemptions specificallv set forth in paragraph D: a. Sounds of regular vehicular traffic upon premises open to the public. provided that the prohibition of paragraph D.3 continues to applv. b. Sirens. whistles. or bells lawfullv used bv emergencv vehicles. or other alarm systems used in case of fire. collision. civil defense. police activity. or imminent danger. provided that the prohibition contained in paragraph D.5 continues to apply. Ordinance No. Page 70f9 c. The emission of sound for the purpose of alertine persons to the existence of an emereency or the emission of sound in the performance of emereency work. d. Sounds reeulated by federal law, incIudine, but not limited to, sounds caused by railroads or airports. . e. Repairs or excavations of bridees, streets or hiehways by or on behalf of the City, the State. or the federal eovernment, between the hours of 7:00 p.m. and 7:00 a.m.. when public welfare and convenience renders it impractical to perform the work between 7:00 a.m. and 7.:00 p.m. f. Temporary Construction activities. Noise from temporary construction activities that take place between 7:00 a.m. to 9 p.m. g. Outdoor School and Playeround Activities. Reasonable activities conducted on public playerounds and public or private school erounds, which are conducted in.accordance with the manner in which such spaces are eenerally used, incIudine but not limited to, school athletic and school entertainment events. h. Other Outdoor Events. Athletic events, outdoor eatherines, public dances, shows and sportine events, and other similar outdoor events, provided that any required permits have been obtained from the appropriate perinittine authority. Do G. Penalty. Unless otherwise specified in this section, Unnecessary unnecessary noise is a Class I Violation. SECTION 2. Section 9.08.175 [Heat Pumps or Mechanical Devices] is hereby repealed in its entirety. SECTION 3. Sections 15.04.185 [Heat Pumps and Mechanical Devices] is heniby amended as follows: 15.04.185 Heat Pumps and Mechanical Devices The following standards shall go-Iern the issuance of permits and noise Icvels of heat pump and othcr mechanical installations: A. Existing lIeat Pumps and Mechanical Devices. No person owning or controlling an existing eommereial or residential heat pump or mechanieal device shall cause or permit operation of that noise source if the noise Icvels generated by the heat pump or mechanical deviee exceed rift), (50) DB.". measured within twenty fj,'e (25) feet of the nearest residential structure on an adjacent parcel of land. B. New lIeat Pump and Mechanieal Installations. Effective upon adoption of this Section, no pcrson shall install or operate a commercial or residential heat pump or mechanical dC'/ice if noise levels from its operation excced fort)' fiye (45) DIU. within twcnty five (25) f-eet of the nearest rcsidcntial structure on an adjaecnt parcel ofland or 'A'ithin the setbacl. zone of any adjaccnt unoccupicd parcel of land zoned fill' rcsidential use. G A. Permit Requirement. No person shall install a commercial or residential heat pump, air conditionine unit, or similar mechanical device prior to submitting a permit application to the Building Official and receiving approval. All applieations shall certify that the operation of the hcat pump or mechanical device will meet the provisions of Ordinance No. Page 8 of9 SectioR 2 USiRg the Air CORditioRiRg IlRd RefrigerlltioR IRstitRte StllRdllrds fer ApplicRtioR for SouRd Rllted Outdoor URitll'1' EfJuipmcRt. (StllRdllrd 275) D. ERfereemeRt RespoRsibilit)'. It shllll be the respoRsibilit)' of the BuildiRg Officilll to Ilssure 1111 proyisioRS of this SeetioR lIre met prior to issuiRg IlR iRStlllllltioR permit for 11 hellt pump or mcchllRicll1 dcyiee. Eo !!:.,(Repealed by Ord. 2685, 1992) (Ord. 2153 S I, 1981 ;Ord 2925, 2006) SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION S. Savine:s. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force. and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed.' SECTION 6; Codification: Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 4-5) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) ofthe City Charter on the _ day of , 20 10, and duly PASSED and ADOPTED this _ day of , 20 I O. Barbara M. Christensen, City Recorder SIGNED and APPROVED this _ day of ,2010. John Stromberg, Mayor Re.viewed as to form: Richard Appicello, City Attorney Ordinance No. Page 9 of9