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1991-0321 Council Mtg PACKET
Important: Any citizen attending Council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please rise and after you have been recognized by the Chair, give your name and address. The Chair will then allow you to speak and also inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the len th fg the as enda AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL MARCH 21, 1991 ° I. PLEDGE OF ALLEGIANCE: 7:30 P.M. , Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting of March 5, 1991. IV. SPECIAL PRESENTATIONS & AWARDS: 1. Distinguished Budget Presentation Award for Government Finance Officers Assn. of U.S. and Canada. V. CONSENT AGENDA: 1. Minutes of Boards, Commissions & Committees. 2. Departmental Reports - February 1991. 3. Mayor's appointment of Douglas Heydon to Bicycle Commission for term ending April 30, 1992 . 4 . Memo from Planning Department concerning sound readings at Parsons Pine, 312 Helman Street. 5. Report by Director of Community Development on Water Conservation and its effect on projected water shortages. 6. Water supply status report by Dir. of Public Works - Feb. 1991. VI. PUBLIC HEARINGS: (to conclude by 9: 30 P.M. ) 1. Reconsideration of C.U.P. and Site Review on remand from LUBA, to allow construction of medical offices at Ashland Community Hospital in the R-2 (Multi-family Residential) district. (Applicant: Ashland Community Hospital) 2 . Recommendation from the Ashland Historic Commission to approve the addition of the Varsity Theatre sign to the Historic Sign Inventory under AMC Sec. 18 .96. 160. VII. UNFINISHED BUSINESS: 1. Consideration of written testimony only regarding proposed ordinance banning phosphates in detergents. VIII. NEW & MISCELLANEOUS BUSINESS: 1. Letter from Friends of Greensprings regarding application of herbicides on forested lands in and around Ashland. 2. Draft of Water Curtailment Ordinance prepared by Director of Public Works. 3 . Report by Director of Public Works on taste and odor problems. IX. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 15 minutes) X. ORDINANCES RESOLUTIONS & CONTRACTS: 11. Second reading by title only of an ordinance amending the Ashland Municipal Code relating to police special service 1� fees and license investigation fees. J2 . First reading of an ordinance amending the Land-use ordinance implementing recommended programs for Affordable '�, Housing in Ashland. / pJ J3. Resolution setting forth police special service fees p pursuant to the Ashland Municipal Code. '/4 . Ratification of contract settlement with Ashland Firefighters Assn. for period of July 1, 1990 - June 30, 1993 . IX. OTHER BUSINESS FROM COUNCIL MEMBERS XII. ADJOURNMENT GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue.Suite 800.Chicago,Illinois 60601 312/977-9700• Fax:312/977-4806 January 17 , 1991 Mr . Brian Almquist City Administrator City of Ashland 20 East Main Street Ashland , Oregon 97520 Dear Mr . Almquist: i am pleased to notify you that the City of Ashland has received the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA) . This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization . Your government 's plaque will be shipped under separate cover to Ms . Jill Turner , who originally submitted the budget for consideration. We hope you will arrange for a formal public presentation of the award , and that appropriate publicity will be given to this notable achievement . A press release is enclosed for your use . We appreciate your participation in GFOA 's budget awards program. Through your example , we hope that other governments will be encouraged to achieve excellence in budgeting . Sincerely, Jeffrey L. Esser Executive Director JLE/af Enclosure WASHINGTON OFFICE 1750 K Street,N.W.,Suite 200,Washington,D.C.20006 202/466-2750•Fax:202/429-2755 MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL MARCH 5, 1991 CALL TO ORDER - Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 7:35 PM on the above date in the Council Chambers. Laws, Reid, Williams, Acklin, Winthrop and Arnold were present. APPROVAL OF MINUTES - The Minutes of the regular meeting of February 19, 1991 were approved as presented. SPECIAL PRESENTATIONS & AWARDS - Chief Vic Lively congratulated the Municipal Court Clerk, Vicki Guy, as Employee of the Year, Barbara Hannson, with 15 years of dispatching experience, as Dispatcher of the Year, Janet Chilcoate as Officer of the Year (for the second time), and Michael Bianca, who was promoted to Sergeant effective today. CONSENT AGENDA - The Mayor asked that #2, Memo from Steve Hall regarding sewage spills, be called up. Acklin moved to approve #1 and Rob seconded. Golden asked Steve Hall to explain why there has been so many spills lately. Hall said it's not the Sewage Treatment Plant that has been giving the trouble but the pump station. On Jan. 3, because of high rain flows and a power outage, we lost about 2,000,000 gals., which was only 10% sewage and 90% water. Construction of the building to house the generator is in progress. It is in the 5-year capital improvement program to upgrade the pumps. It will be from 60-90 days before we will have that on line and functioning. Laws commented that we've had power outages before and never seemed to have this many spills. Hall said we have had spills in the past but they didn't get the notoriety because they were less in volume. Storm water getting into the system is compounding the problem as well as the high level of sewage. Winthrop noted in the case of the one caused by staff error, is there a signal in.the telemetry system which can prevent this in the future? Hall said a signal is relayed to the Police Department. Winthrop moved to approved Item #2 and Laws seconded. Motion passed unanimously on roll call vote. PUBLIC HEARINGS Proposed adoption of the revised POPULATION ELEMENT of the Comp Plan. Fregonese presented the staff report saying all drafts have been approved by CPAC. Estimates are based on natural increases only, not affected by migration. Fregonese suggested changes to two policies: #1, add "if needed", and #7, delete the middle sentence. Reid said she didn't like keeping traveler's accommodations limited to one per 15 permanent City residents. Fregonese said after interviewing visitors, it was found that all tourists don't stay in Ashland, and some have friends/relatives with whom they stay. The preliminary 1990 Census population count was 16,192, the final - 16,234. Preliminary Portland State figure was 16,700, final was 16,500. He felt the estimates for 1990 are high and that 16,500 was believable. Reid referenced page V-13, emphasizing the quality of living aspect since the City is responsible for providing electricity. Golden was assured by Fregonese that natural resources were taken into consideration when calculating Policy 7. The Public Hearing was open and closed without comments. Winthrop said document was very well written. Page 9, last paragraph, Winthrop suggested an average daily population instead of annual. In the previous paragraph, he suggests using the word "unit" when referring to the number of beds. Regular Meeting - Ashland City Council - March 5, 1991 - P. 1 Regarding Policy 5, it was not clear what was meant by affirmative action. Fregonese explained that Ashland should be an advocate in employment opportunities and fair housing. Laws felt it obligates the City to equalize the number of hispanics with the county. Arnold suggested omitting the words "Jackson County" but keep in affirmative action. Laws recommended using the word "cultural' rather than "ethnic" background. All agreed. Winthrop felt this section should go into the economic section, Reid agreed. Reid read the Income Levels portion for the TV viewing audience. Laws commented on Income Levels saying Ashland is not a poor city, but we have a large population of the service sector (students and actors) that does not provide a living wage. Laws said public should deal with poverty by choice differently. Arnold recommended that the last two sentences in Policy 7 be stricken. The concept of limiting the tourist population is not something that he wants to do and will not impose. Fregonese suggested adding "if needed" to Policy 1. Arnold said "... and use them, if needed" might be better. Golden noted that "if needed" would be added to the second sentence. Acklin moved to ask staff to bring back an ordinance implementing these changes, Reid seconded. Motion passed unanimously on roll call vote. Proposed adoption of the revised CONSERVATION ELEMENT of the Comp Plan. Dick Wanderscheid said he wrote this document two years ago and had to update it since then. The abnormal weather caused him to update the numbers. He preferred to call citizens customers and globally changed it except he missed one on page 10? The public hearing was opened and closed without comment. Reid was interested in unmetered electric use for street lights. Laws pointed out an error on page 5, which stated the City does not own any - substations. Wanderscheid noted that it was, in fact, correct, that the City owns the kV main bus but not the substation. Williams moved that staff bring back an ordinance for adoption, Winthrop seconded. Motion passed unanimously on roll call vote. UNFINISHED BUSINESS Adoption of revised Findings, Conclusions & Orders on PA 90-218, Ed Houghton, Applicant. Fregonese noted that Section 4 is just testimony, no discussion. Section 5 has been organized and reworded to make stronger. The specific changes that Acting City Attorney Roy Bashaw suggested are in a memo on the table. Bashaw said if Council wants to find that the grade does not exceed 15% at centerline for any portion of the improved City street, and the street grade does not exceed 18% at the inside or outside curves for any portion of the improved City street, then they should do so. Acklin moved to withdraw previous approval of Findings and adopt the revised findings. Reid seconded and the motion passed with Williams abstaining because he was not at the Public Hearing and Arnold dissenting. Reconsideration of Budget Committee appointment for individual unable to serve. Golden said Glenda Galaba would be leaving town soon and could not serve a 3 year term. Winthrop nominated Ann Meredith, whose background is similar to Galaba's, Williams nominated Gene Morris. Meredith won on a 4-3 vote. Reid, Winthrop, Arnold and Golden voted for Meredith. NEW & MISCELLANEOUS BUSINESS 1. Contract for Regional Haz-Mat Emergency Response Team - Postponed. 2. Medford Mayor's Youth Advisory Commission - Postponed i Regular Meeting - Ashland City Council - March 5, 1991 - P. 2 3. Letter from Erik Wallbank requesting City to develop electromagnetic field standards. Golden met with Wallbank and Phil Clark and later had a discussion with Brian Almquist suggesting the possibility of bringing together a small group of citizens to form a committee which would set guidelines for electromagnetic field standards. She recommended Harry ' Hutton, Jim Sims, Kay Nollenberger, Gene Stringer, Al Williams, Erik Wallbank, Patti Acklin, and Phil Clark to accommodate concerns and needs of the neighborhood. Wallbank said he thought it was a great idea and will help in any way he can. Laws asked if Council rules require that they approve the ad hoc committee and the Mayor asked that it be sanctioned by Council. Laws moved to approve the recommended Committee and its members and Williams seconded, all ayes. Betty Camner, A Street, asked for Council's interpretation of what the Committee will do. Mayor said it would help mitigate health hazards to the citizens regardless of where the substation is located. Acklin explained that a set of policies would be set and a general philosophy established regarding the construction and siting of a new substation. Winthrop commented on a conference which he attended regarding EMF health effects. BPA is the only agency that has adopted the Valdez Principles. Ron Thurner noted that the proposed members are all in the proximity of the Railroad district. The Mayor disagreed. Standards that are developed should not focus on one district. Thurner then asked how the establishment of this committee will affect the decision of the location of the next substation, what was its time line and will decisions of the Committee and negotiations with S.P. go on simultaneously? Golden asked Almquist if 30 days was adequate? Almquist thought it was too short but agreed to go with it and extend the time if necessary. Laws said he wants to see a report from the Committee before making the decision on the location. Laws said BPA wants to work with community for siting and wants Council's interaction. Winthrop commented on the first paragraph of Wallbank's letter saying there is only a low association between the type of wiring configuration and cancer/leukemia patients. Two milligauss is premature and no threshold has been established. This doesn't work like chemical toxins. The workshop disagreed with the words "probable human carcinogens" (in the third paragraph) therefore should not be referred to as such. PUBLIC FORUM Mark Murphey said he took exception to Laws' comments that artists move to Ashland and choose to be poor. Actors are not a major contributor to that directive. Ron Thurner asked about the school capacity issue and new state standards for a moratorium and wanted to know if Council or City Attorney has adopted anything yet. Almquist said Thurner can pick up a copy of the memo at City Hall. ORDINANCES, RESOLUTIONS AND CONTRACTS Crowson Road Annexation - Second reading by title only of an ordinance of the City of Ashland annexing a contiguous area to the City of Ashland, Oregon and providing for an effective date. Laws moved to adopt and Arnold seconded, motion passed unanimously on roll call vote (Ord 2615). Crowson Road Annexation - Second reading by title only of an ordinance of the City of Ashland withdrawing recently annexed real property from Jackson Co. Fire District No. 5. Williams moved to adopt and Winthrop seconded, motion passed unanimously on roll call vote (Ord 2616). Crowson Road Annexation - Second reading by title only of an ordinance of the City of Ashland rezoning certain property from RR-5 to R-1-10-P. Acklin moved to adopt and Williams seconded, motion passed unanimously on roll call vote (Ord 2617). Regular Meeting - Ashland City Council - March 5, 1991 - P. 3 Transportation Utility Fees - Second reading by title only of an ordinance amending Chapter 4.26 of the Municipal Code concerning Transportation Utility Fees. Acklin moved to adopt and Winthrop seconded, motion passed unanimously on roll call vote (Ord 2618). Secure Storage - Second reading by title only of an ordinance of the City of Ashland annexing a contiguous area of the City of Ashland and providing for an effective date. Williams moved to adopt and Winthrop seconded, motion passed on roll call vote with Reid and Arnold dissenting (Ord 2619). Secure Storage - Second reading by title only of an ordinance of the City of Ashland withdrawing recently annexed real property from Jackson Co. Fire District No. 5. Acklin moved to adopt and Williams seconded, motion passed on roll call vote with Reid and Arnold dissenting (Ord 2620). Secure Storage - Second reading by title only of an ordinance of the City of Ashland rezoning certain property from RR-5 to E-1. Williams moved to adopt and Laws seconded, motion passed on roll call vote with Reid and Arnold dissenting (Ord 2621). Special Service Fees - Almquist said this would put all fees into one resolution. Williams moved passage to second reading and Acklin seconded. Arnold had comments to delete section 6 which would require Police Chief to collect fees. Chief Lively agreed it cost the City money every time he had to hire on extra staff. Williams amended the motion to delete Section 6 and Acklin seconded. Motion passed unanimously on roll call vote. Funding of Ashland Community Hospital - Resolution expressing the policy of the Ashland City Council on the funding of the Ashland Community Hospital. Almquist read the Resolution. Winthrop asked if this infringes upon the prerogative of Budget Committee? Almquist said that this is an expression of support for the Hospital and Council has the ultimate authority of the budget. Williams move to second reading, Winthrop seconded, motion passed unanimously on roll call vote (Reso 91-05). County Public Library System - Resolution of the Ashland City Council expressing support for County Public Library System. Almquist read the Resolution. Acklin was responsible for putting this item on the agenda. Mayor said if this doesn't pass, the library will close. Williams moved to second reading, Winthrop seconded. Reid said it's hard to tell people how to vote and wished it were worded a little differently. Laws agreed with Susan. Motion passed unanimously on roll call vote. Easement for US West - Easement for U.S. West Communications at Clay Street Park. Almquist read memo dated February 27, 1991 from Jim Olson. Winthrop moved to grant the easement and Acklin seconded, motion passed unanimously on roll call vote. Cooperative Signal Agreement - Almquist read a memo from Steve Hall dated February 21, 1991. Reid asked if this was related to the SOSC 90's plan. Almquist said no but they are on a parallel track. The existing signal is antiquated. Arnold moved to approve the agreement and authorize signatures, Acklin seconded, motion passed unanimously on roll call vote. OTHER BUSINESS FROM COUNCIL MEMBERS - Golden said $1750 is needed to fund an Open Space Study and she's hoping Council will approve the expenditure. Golden said it will not make the November ballot if they do not discuss it this evening. Acklin moved to put it on the agenda and Winthrop seconded, all ayes. Reid asked if proposal was put out to bid because she had concerns about using people from up north and not allowing local bidding. Because of nature of involvement, the Mayor felt it was better to bid outside. Williams asked if the City can fund that amount and Almquist confirmed. Acklin moved to approve a committee and allocate 1,750 to determine city's desire for Open Space, Winthrop seconded. Regular Meeting - Ashland City Council - March 5, 1991 - P. 4 Arnold said, with all due respect, a survey like this will not give us the information we want it to. He said this is a significant amount of money and we ought not spend it on this. Acklin said it may be necessary simply to meet a chord between two elected body officials. Laws agrees partly with Arnold saying it would be better to support a focus group rather than this study. The motion passed with Arnold and Laws dissenting. Reid noted she received a booklet on the Valdez Principals and Almquist has it in his office. Almquist said Jerry Barnes will be in town on Saturday, March 9th and wants to meet for breakfast with as many Council members as possible. When 8:00 AM was the time agreed to meet, all but Reid said they could make it. Laws asked Arnold about the possible solution to bike route on Siskiyou saying the newspaper article contradicted a solution. Arnold noted the state had not responded to his letter. Laws supports the proposal to make two 12 feet travel lanes and one 5 feet bike lane on both sides of Siskiyou. A reminder was given about the Study Session next Tuesday at 7:00 PM at Hunter Park Senior Center. ADJOURNMENT - The meeting adjourned at 9:45 PM. Nan E. Franklin Catherine M. Golden City Recorder Mayor Regular Meeting - Ashland City Council - March 5, 1991 - P. 5 ASHLAND HISTORIC COMMISSION Minutes March 6, 1991 CALL TO ORDER The meeting was called to order by Chairperson Jim Lewis at 7:40 p.m. Members present were Jim Lewis, Terry Skibby, Thomas Hunt, Susan Reynolds, Keith Chambers, Mark Reitinger and Deane Bradshaw. Also present were Associate Planner Bill Molnar and Secretary Sonja Akerman. Commission members Jean MacKenzie and Lorraine Whitten were absent. APPROVAL OF MINUTES Skibby moved and Hunt seconded to approve the Minutes of the February 6, 1991 meeting as mailed with the comment that on Page 5, the Minutes should reflect the fact that he knows the year (1891) City Hall was constructed, but he has been unable to pinpoint the exact month and day it was completed. Motion passed unanimously. STAFF REPORTS ' PA 91-041• Site Review 77 Sixth Street Chuck and Sue McKereghan Molnar explained since this house is on the National Register of Historic Places, any exterior change is required to be processed as a Site Review. Jac Nickels, architect for the project, first presented an old photo of the house, then stated he wants to take the existing front facade and restore the porch and bay window as they were, with a few exceptions. The owner has the original porch posts and the pickets will be duplicated. The location of the door will be moved in order to create a small vestibule, thus making the space more functional. The existing picture window will be removed and replaced with two smaller ones. Nickels added he has been in contact with James Hamrick, Acting Deputy Director for the State Historic Preservation Office,who will give them input on tying the proposed rear addition in to the existing house. They want it to tie in, but not mimic the design. The Commission agreed the elevations presented were a positive improvement. Therefore, the Site Review was unanimously recommended for approval with a motion by Reynolds and second by Skibby. Ashland Historic Commission Minutes March 6, 1991 PA 91-010 Extension of Previously Approved Site Review and Variance 133 Sixth Street Robert Martindale Molnar informed the Commission this application was originally approved in 1989 and this would be the second extension. This is a 7,100 square foot lot. The owner wants to convert the existing duplex into one dwelling unit and build a separate house toward the front of the property. Attached units require 5,000 square feet for the first unit and 2,000 square feet for the second. For two detached units, 5,000 square feet is required for each. The extension is a Type I planning action, but was called up for a public hearing. Molnar said the reasons will become moot within a couple of months because of affordable housing revisions which will most likely be approved by the City Council soon. Although these revisions will not become effective immediately, the clause which would require 10,000 has been eliminated. Traffic generation is the same for attached as it is for detached units. Parking is adequate. When questioned about future division of the property, Molnar assured the Commission it could not be done. When asked about the condition of the duplex, Bob Martindale stated it is remarkably well built. He does not plan to alter the outside except to seal in the stairway. It was the consensus of the Commission that although the plans had been previously approved, concerns include window sizes and trim, siding and drawings to scale. Chambers moved to approve the extension and concept of the project, however, in order to reflect Historic Commission concerns, the following amendments to Section 3 in the Findings, which were adopted by the Planning Commission March 13, 1989, were recommended: 4) That a deed restriction be placed on the property preventing the construction of a carport addition that could later be enclosed; 5) That prior to final building permit approval, architectural plans which are drawn to scale be submitted, and that these house plans be reviewed and approved by the Historic Commission; and 6) That the applicant comply with the recommendations of the Historic Commission. Bradshaw seconded the motion and it was unanimously passed. PA 91-026 Request for Inclusion on Historic Sign Inventory 166 East Main Street Varsity Theatre Molnar stated this is the first application to go through the process of being placed on the Historic Sign Inventory for Ashland. The main concern is the level of detail in the application. Since this will go before the City Council, it is necessary to establish a 2 ' Ashland Historic Commission Minutes March 6, 1991 foundation for applicants to follow in the future. More facts supporting the criteria are necessary. John Schweiger, owner of the Varsity Theatre, said the neon sign will be fully restored and they have been able to duplicate the color tubes with the original ones. The Commission agreed the neon is historically significant, as the sign architecturally integrates the design of the building. Since Schweiger is completely restoring the front of the building, including the replacement of tiles and 1937 poster cases (which would duplicate the original theater), a percentage of the originality would be missing if the neon were not restored. Although the art deco building is not a common style for Ashland, it was a common style of theaters, of which neon was an integral part. Schweiger added he has been working with Bill Emerson on the color scheme of the building. Skibby moved and Bradshaw seconded to recommend approval of this application to City Council. The motion was unanimously approved. (Kay's survey of the theater will be attached to the Historic Commission recommendation when sent to Council.) PA 91-043 Site Review 290 East Main Street Allen Drescher Molnar explained this is another structure on the National Register of Historic Places. The contractor, Fred Cox, has proposed to expose the existing windows above the door and display windows which had been covered up years ago. Cox has talked with James Hamrick (SHPO). The Commission agreed this is a positive step in the restoration of the original facade and unanimously voted approval of this project with a motion by Skibby and second by Reitinger. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of February follow: Willard & Judith Brown 165 Almond Remodel/Window/Door Marta Traister 265 Fourth Remodel Martha Wilhelm 480 Rock Addition 3 Ashland Historic Commission Minutes March 6, 1991 Bank of America 101 E. Main Reinforce Floor Matthew Kirk Gooding, M.D. 125 Maple Sign OLD BUSINESS Review Board Following is the schedule (until the next meeting) for the Review Board, which meets every Thursday from 3:00 to 3:30 p.m. in the Planning Department: March 7 Reynolds, Skibby and Hunt March 14 . Bradshaw, Chambers, Hunt and Skibby March 21 Lewis and Skibby March 28 Hunt, Chambers, Lewis and Skibby Heritage Landmarks List Molnar explained the final adoption of the Heritage Landmarks List has been postponed in order to receive more information from the State. On this same order, possible ramifications of Senate Bill 750 were discussed. It was decided the Commission should draft a letter for Council review, then send it to SHPO and Representative Jerry Barnes for testimony against this bill. National Historic Preservation Week It was decided to use the same brochure (bill stuffer) as last year. Skibby described events which will be sponsored by the Chamber of Commerce during Cultural Heritage Month (May). He will be giving a walling tour and supplying old photos to be displayed in the Downtown shops. NEW BUSINESS The Commission unanimously agreed to endorse and express support for the proposed Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area. This area in Nevada includes a portion of the historic Applegate-Lassen Trail. ADJOURNMENT It was the unanimous decision of the Historic Commission to adjourn the meeting at 10:10 p.m. 4 ASHLAND HISTORIC COMMISSION Minutes February 6, 1991 PRIOR TO CALL TO ORDER Due to the large number of people in attendance for the Commission's review of the Heritage Landmark's List, McLaughlin postponed the discussion to a later meeting. McLaughlin will draft a new and more detailed letter explaining the list and informing the public of new meeting dates. CALL TO ORDER The meeting was called to order by Terry Skibby at 8:15 p.m. Members present were Terry Skibby, Thomas Hunt, Jean MacKenzie, Mark Reitinger and Deane Bradshaw. Also present were Senior Planner John McLaughlin, City Council Liaison Susan Reid and Secretary Liza Gilton. Commission members Jim Lewis, Lorraine Whitten, Susan Reynolds and Keith Chambers were absent. APPROVAL OF MINUTES Hunt moved and Bradshaw seconded to approve the Minutes of the January 2, 1991 meeting as mailed. Motion passed unanimously. STAFF REPORTS PA 91-014 Request for Modification of a Conditional Use Permit and Parking Variance 386 "B" Street Susan DeMarinis McLaughlin explained that this action is a request for an expansion to the approved medical office usage and a variance in the required parking from five to two spaces. The applicant plans to pave the alley to provide access to 2 parking spaces in the back of the building. The 60% parking variance would utilize on-street parking for the other three required spaces. Since a 100% variance was approved in the past, and there is an excess of on- street parking at this corner location, staff recommended approval of the action. McLaughlin reminded members that the Commission already approved the addition and the Conditional Use Permit. DeMarinis explained that 10 cars could easily fit on the street frontage of this comer lot and that a maximum of 6 cars would be on location at any one time. She expressed her desire to use grasscrete for the two off-street parking spaces. In response to concerns about the area between the street and sidewalk, the applicant said she would provide a landscape buffer. Ashland Historic Commission Minutes February 6, 1991 Skibby felt that it would be wrong to require paving for five cars. Bradshaw moved that the action be approved and added her appreciation for the historical care taken by the applicant. Skibby seconded the motion and it passed unanimously. PA 91-017 Conditional Use Permit for Temporary Use Water Street Medford Growers and Crafters Association McLaughlin explained that the Medford Grower's and Crafters Association was granted a conditional use last year to operate on the paved area under the viaduct. Due to the success of the market, the Association wishes to expand its area of operation to include portions of Water street. The Public Works and Fire Departments found it unacceptable to close the street, but agreed to allow the market to use the 8 foot areas on each side of the street designated for parking spaces. McLaughlin advised the Commission that the Medford Growers and Crafters Association are meeting to determine whether or not this will be an acceptable solution for them. McLaughlin also pointed out that this use will mean that some of the sidewalk will be used up, thus creating a more festive atmosphere. In response to MacKenzie's concern that using the parking spaces on Water Street would be dangerous, McLaughlin-explained that the street is not very heavily trafficked and a visible barrier will be placed between the market and the street. Reitinger and Hunt questioned the need of the Association for more space and McLaughlin explained that all of the booths are tied to the use of a vehicle for storage. Reitinger expressed further concern over the proposal. He feels that the space the Association now has is not adequately used. Hunt expressed concern that cars coming from East Main will be dangerous. McLaughlin pointed out that this was originally accepted as a type one and that if the Commission has further concerns, they should request that this Planning Action be called up for a public hearing. Reitinger moved that the Historic Commission call this action up for a public hearing. Hunt seconded the motion and it passed unanimously. 2 Ashland Historic Commission Minutes February 6, 1991 PA 91-020 Conditional Use Permit for a Duplex on a Corner Lot 342 Vista Street Michael Vore McLaughlin explained that in two weeks, under affordable housing, this will be considered accessory housing, not a duplex. There is no visible change to the structure. There will be only a small affect on density and traffic. Because there is no proposed expansion and no new units, Staff feels that this meets the criteria for a Conditional Use Permit. He further explained that if this falls under accessory housing, the primary structure on the lot must be owner-occupied. The applicant was available to answer questions and explained that the unit already has an outside entrance and there will be no visible changes to the structure. At the request of Skibby the applicant agreed to work with the historic commission if he wants any changes. A woman in the audience asked for an assurance that granting this permit would not set a kind of precedence for the neighborhood. McLaughlin assured her that each applicant would be considered separately and that this type of structure is still not a permitted use within the area. Bradshaw moved that the action be approved with the stipulation that the dirt driveway be maintained (i.e. not paved). MacKenzie seconded and the motion passed unanimously. PA 91-010 One-Year Extension to Request for Site Review and Variance 133 Sixth Street Robert Martindale McLaughlin explained that this will be the second one-year extension requested. There are no changes from the originally approved request (approved as a type I by staff with no public hearing). McLaughlin read into the record a letter recently received by the Planning Department from Phillip Lang stating opposition to the extension. This letter will cause the Action to be called up for a public hearing. The Historic Commission took no action because the issue will be discussed next month. The Commission requested that the Applicant supply updated sketches including elevations for next month's meeting. 3 Ashland Historic Commission Minutes February 6, 1991 PA 91-013 Conditional Use Permit for Structural Alteration 159 Second Street John Fields McLaughlin explained that this is a unique house on a 25 foot lot. The eaves extend into the neighboring lot which has never caused any problems. The applicant wants to make changes to the back of the building. Although the applicant originally wanted to put in a separate living unit, modified the request to put in a new office for a home occupation. There will be no drive-by business generated by the office, so the only issue at hand is the modification of a non-conforming building. Reitinger stated that he talked with the applicant on Thursday and sees no problem with the change as the building is not going beyond the original space, only being modified. After a brief discussion of deck compatibility, a parking space for the owner and the shed in back, Reitinger moved that the action be approved. Hunt seconded and the motion carried unanimously. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of January follow: Michelle Smirl 447 Rock Garage Foundation Vickie Lamb 49 Manzanita Addition Stephanie Cassam 25 Granite Addition Allan Drescher 290 East Main Remodel James & Margaret Foster 146 Manzanita Studio David Foster 19 Granite Addition&Remodel(Garage) Ken and Jessie Bradshaw 122 High Bathroom Addition Ken and Jessie Bradshaw 122 High Carport Addition Bernie Zieminski 366 "B" Demolition Blue Mountain Cafe 457 Siskiyou Blvd. Sign Ashland T-Shirts 88 N. Main Sign Arabella 72 N. Pioneer Sign Matthew Kirk Gooding, M.D. 125 Maple Sign 4 Ashland Historic Commission Minutes February 6, 1991 OLD BUSINESS Review Board Following is the schedule (until the next meeting) for the Review Board, which meets every Thursday from 3:00 to 3:30 p.m. in the Planning Department: February 7 Hunt, Skibby, Bradshaw February 14 Hunt, Skibby February 21 Hunt, Skibby, MacKenzie February 28 Hunt, Skibby, Reitinger SHPO Grant Whitten was not available to report. McLaughlin explained that there is no room in the budget for matching funds. Also, an inadequate amount of time is available to properly deal with this issue. City Hall's 100th Birthday Skibby reported that he is still researching information concerning the birth date of City Hall. He has as of yet been unable to find the exact date (month and year). He-has spent a great deal of time looking at old Tidings. The original City Hall building was exposed red brick When the building was remodeled and an addition made in 1913, the brick was plastered over. The windows upstairs remained the same with the addition of trim, so the building has remained essentially the same. The Utilities Department is now located where the original fire station stood. Skibby also reported that there was originally controversy of the location of the building. Also, the Chamber of Commerce is picking up on the 100th birthday theme and will have a meeting on February 19. NEW BUSINESS National Historic Preservation Week It was reported that the Chamber of Commerce is having a Spring Festival at this time (May 12-18). Skibby volunteered to be on a subcommittee and asked for other interested Commission members. Hunt expressed that he was in charge of the publicity for last year's meeting and volunteered to be on the subcommittee along with Bradshaw. MacKenzie said 5 Ashland Historic Commission Minutes February 6, 1991 that she will be working with the Chamber and will act a go-between for the Commission and the Chamber. Special Assessment - Ashland Depot Hotel, South Wine Skibby moved that the Historic Commission recommend a special assessment for the purpose of a property tax freeze for this property on the national register. Bradshaw seconded and the motion passed unanimously. 338 Scenic Drive - Possible Demolition Discussion Mike Blair appeared at the meeting to determine the feasibility of the Historic Commission approving the demolition of the structure at 338 Scenic. McLaughlin explained the application process. Bradshaw expressed her feeling that the Commission could make a recommendation to start the process for demolition based an inspection of the site. Skibby concurred. Other There is a letter from Jim Lewis and John Fregonese to Jackson County Board of Directors included in the packet. The City Council approved the demolition of the burned structure on 'B" Street upon the recommendation of the Historic Commission. This is the first house to go through the entire process. The Lincoln Statue will be dedicated on February 12 at noon. Skibby will take pictures. In response to concerns over vandalism, McLaughlin explained that the statue will be lit at all times, the phone booths will be moved. Hopefully this well-traveled area will discourage vandalism McLaughlin reiterated his intention to write a new letter explaining the heritage landmarks list. Later meetings will be scheduled to discuss this issue in detail in the form of a public meeting. Skibby raised a question about the possible location of the new power substation off of A Street and the impact on the Historic District. McLaughlin explained the option of lowering the grade to make the substation of low profile. He suggested that the Commission write a letter to Brian Almquist requesting Historic Commission review if the A Street site is chosen. Skibby motioned that the Historic Commission have a chance to review and make recommendations if this site is chosen. Reitinger seconded and the motion passed unanimously. 6 Ashland Historic Commission Minutes February 6, 1991 ADJOURNMENT It was the unanimous decision of the Historic Commission to adjourn the meeting at 10:15 P.M. 7 {CF A3h e, a , APmarandunt °?EGo`',a March 12 , 1991 II. The Mayor and City Council ram: Steve Hall , Director of Public Works ' ut•etf: Public Works Monthly Report for the Month of 7 February, 1991 The following is a condensed report of the activities of the Public Works Department for the month of February, 1991 : ENGINEERING: 1 . Issued 15 street excavation permits. 2. Issued 6 miscellaneous curb repair permits. 3. Checked and reviewed 6 partition and subdivision plats. 4. Held conference with several surveyors concerning final plat requirements for partitions and subdivisions. 5. Performed the following work re: computerization of information: a. completed City bench mark map and index b. revised City subdivision index C. revised City street map 6. Completed topo survey of. the Wightman Street/S.P.R.R. drainage area. 7. Began design of drainage improvements at the above location. 8. Maintained traffic counters at several street intersections . 9. Used Jackson County Assessors blue printer to produce 160+ plats comprising Ashland and the surrounding area. 10 . Conducted location survey of Fordyce Street and East Main Street. 11 . Acquired County and State permits on the following streets: a. Siskiyou Blvd. (South of Tolman Creek Road) b. North Main Street C. Clay Street 12 . . Surveyed, set stakes for grade and alignment and checked grades for installation of a 30—inch pipeline at Reeder Reservoir. 13. Surveyed, drafted, prepared description and easement for a _ power line off Woodlawn Drive. 14. Attended seminar on survey accuracy in Medford. 15. Attended a water rights seminar in Corvallis. 16 . All staff members attended harassment seminar. 17. Responded to 6 vision clearance complaints . . 18. Ran precise levels for vertical control and to test precise leveling equipment . Public Works Monthly Report February, 1991 Page 2 19 . Referenced street centerline monuments on Maple Street. 20. Inspected work on the following projects: a. Ashland Meadows subdivision b. Oak Creek subdivision C . Ashland View Apartments d. Thomas subdivision 21 . Held preconstruction conference on the following projects: a. Ashland View Apartments b. Park Estates phase III 22 . Issued notice to proceed for the above projects. 23. Continued field work and design .of a duck pond to be constructed between Ashland and Bear creeks. 24. Prepared notifications to commence work on: a. Oak Creek subdivision b. Ashland View Apartments 25 . Began topo survey of the proposed South Pioneer cul—de—sac. 26 . Performed the following work on the Hersey Street project : a. compiled documentation for project close—out. b. prepared as—built plans 27. Prepared traffic studies for various intersections and locations. 28. Compiled traffic accident .data. 29.. Prepared final payment for the 1990 Street Improvement Project. 30. Inspected various sidewalk and curb installation projects. WATER QUALITY DIVISION MONTHLY REPORT February 1991 Water - Repaired five (5) water leaks in City owned mains . - Replaced 4" broken valve at Water Treatment Plant . - Repaired fifteen (15) water leaks in customer lines and/or meters. - Installed three (3) customer hand valves . - Installed fifteen (15) new 3/4" water services. - Located 3/4" water service and installed meter to 1013 Pinecrest. - Poured sidewalk back -over leak at 189 Granite St . - Took out diversion dam on Ashland Creek below Waste Water Treatment plant . - Installed 8" valve to new Clay St . subdivision. - Changed out seven (7) 3/4" water meters. - Installed seven (7) new 3/4" water meters with handvalves . - Pulled old meter from lower part of Croman Mill and put it in place of 8" compound meter. - Installed new 8" valve and tee for future tie-in in Mill . - Installed new 2" by-pass . - Installed new 6" PRV and 2" PRV with vault and lower Clay St . - Installed 54' of 30" pipe with 22 1/20 and 49 elbows. SEWER - Installed two (2) new 4" sewer services . - Responded to two (2) plugged sewer calls. - Rodded 17,675 ' of City sewer mains. - Installed two (2) new pumps in North Main pump station. MISCELLANEOUS Responded to 92 utility locate calls . - There were 69.75 million gallons of water treated at the Water Treatment Plant . - There were 52.94 million galls of waste water treated at the Waste Water Treatment Plant. City of Ashland Fleet Maintenance W �Eyar e&��:G.�i e�..� ,z:ER#: ..,.a.v�aaade>„ .m�.sa ae. ,�vims?afrW,r.n• ,.wx.i,�x, f,$ a!� as `� �R ae 3 mechanics completed work on 68 work orders for various types of city equipment and vehicles.The divisions and departments involved are as follows: 3 39 `e �XP E ,yga3'Y y Administration 4j ] = ! E a d s X s a y. . > � ,e a 3 — 5U 1,1a i n g. —�"�— --- 2 x Cemetery: 4 rV Community ,Service Volunteer' y x• C.. Electric : Energy: 1 Engineering 1 gr > f » ire: 7 Police: ' 17 - "•g•Era �«'.aea .`er> _ E a� .< ,x„44 a , �3 a� �.,x �w � � Fa,W #1 � •.d <''� z���� F 51 a` �q. . � s x.a .S Sv a��x awza,p �. i ,aE axM > F Senior Van : p Shop: U n: Streets 3 s : b 1�4 U f F r R iy bad„'s a r x” x� :: •>3T IIIIg aZ�� 3£, , S'8' �' n aa� 3 e Y, -b $l' e z Warehouse: 1 Water: 12 x� :. k I ..m. v .lea ' gds ak a¢yy,f, The emergency generators at City Hall •and the Civic Center were fueled and manually tested weekly. > A M certificates, issued-„for,:.the mon"th ., City of Ashland : 1 ?'• a �s x °`i HIr sgfiS v aff`�� - ; a, ss � � F a a a'F< per ," i a€ s ���a J � ti � � €, ',3za �e .g €5a� �H t $ ,,. § City of Ashland Street Division --- -- --- '- --- --------- ---'----- --- -`--'------------- ------- --- ---'--__.-------- February 1991 Feport 'SWEEPER eaR�° y:r ..a`1\3.. °' .h,.S; ..,i. a A• N[mr. :: ,N,➢env:e .nu, ?'.- _n` h6. : , ,II 9 ,•x:. .s S ,,B e..=, ,ate;. Swept 710 miles. 2 Sweepers. Collected 380 yards of debris. espon e O U 1 i y ocd ion requests. ` tee Qi e L p ; , Graded 'several'„streets and`. al let's.' rysp: ; Patched pot holes and sunken services, SIGNS: i Instal led 14,v "HEAD IN .PARKING,.ONLY",.signs in Pioneer,-St.• parking' lot. «,'s lnstalled black an yellow :directional 'arrow signs,>on .both sides=„-of bound lane on R/R structure on No. Main. Installed 4 "NO PARKING” signs on posts for Munson Dr. . Installed "4-WAY” signs on 4 stop sigMSat the intersection of Hersey and Lau re 1 5 SF`s£.. dYF A,E: d4 s` - [£ � lJ Installed a bl'acF , on.ye1°3 ow.`directional •arrowsign where Hersey-,St : fi;a.narrows'at 'Ann Removed 3 posts sign and changed g p g 3 'NO PARI;ING" signs on Weller Ln Re-set stop sign in concrete on Wightman St. at the R/R tracks. Repaired 2 street signs. `STORM DRAINS �.� ,Fltshed :and/,ormrodd ea: Cleaned off catch basins. Continued major storm drain project on So. Mountain Ave. . Traced out storm drain system on Spring Cr. Dr. . MISC. ��,,t,.-Cleaned -No. •.Main; bike. path: �a, s: r Had Demo on a Peabody-Meyer combination air sweeper and catch basin cleaner. Continued raising manholes and valve boots. $� Took ties on manholes ,and ,vaiye ,baots for our 'up coming re surfacing �..- e z_Cieaned ,up several streets-Ad o th er, reas.,:afiter heavy rains Entire crew attended a class on hazardous waste. Responded to a gas spill on Iowa and Gresham. Saw cut sidewalks downtown for new planters. "Hauled„220 ar-ds of. granite`'from it tos?B St and ' t* Toby-statue of ;Lincoln to Lithia Park Rainted,-.curb 'yellow ;on =Roca, Elkader, .„So .Mountain;Liberty, .•,and� • Weller Ln . . Repaired wind sock at the Airport. All supervisors attended a 2 hr. workshop on harrassment. 45,Built tool box ';for new trailer Picked up and cutpNup 'wood. stoves �x -ftle Roiled °.softsball-•filehd for,-Parks°Dept Had Demo on an Elgin "Cross-Wind” combination air sweeper and catch basin cleaner. Hauled off sweeper pile. I y^ w x x 77 x / V ri � X^5 R al 9<; 5? ti a x x s r a ¢g,'� 4 � x�x ,, �' & �.ay �>x,,.I'.e a& ..�' r`i ?fir„ ,:•'P Piasl-u=ci {:,ilex over at i_tje granite pit. - Cleaned up and repaired gill 3 chain saws. Cleaned and straightened up B St. yard . Poured sideway:, curb and gutter, and driveway approach on Iowa „fx. 3 5 [4m.. � �R. '°S2 '8' Y.H. F ^^r<l°. .:'}.r C:•.. A ' and` Harrison s ° . dded 2 Han i- ap spaces a enior tenter on Homes Rv e, an on Hunter Court. Painted curbs blue. Helped in shop when needed. e mon y ,sa a Xy .meeting. ? z . . r- �Mn'4` .,. - '. 2 a �ww i " > R f r ask 3 7777777-777777;7 M 5 ° ASHLAND POLICE DEPARTMENT Monthly Activities for February, '1991 INVESTIGATIONS All Detectives and the Captain attended three different classes this month ranging from Sexual Harassment in the work place, CPR and First Aid to Hazardous materials training. On February 7th one of the detectives received information from Yreka, California that a female was an route to Oregon via I-5 and may be carrying heroin. The vehicle she was driving was stopped near the Ashland exit and she was arrested when a search of the vehicle revealed heroin. The vehicle was impounded. On February 8th officers assisted JACKET with a narcotics buy in the city limits of Ashland and again on February 11th in surveillance of a home connected with possible drug trafficking. On the 21st detectives again worked with JACKET personnel in an undercover buy operation. On the 26th JACNET personnel along with detectives made 2 arrests pending from undercover operations on. the College campus. A detective was called out to investigate a. possible arson to a residence. A small amount of damage was sustained and the Investigation is continuing. Information compiled on a burglary arrest last month resulted in an additional arrest of an 18 year old male subject . This investigation also cleared a burglary in Gold Hill and another in Medford. Firearms were taken in both burglaries. On the 19th an arrest was made of a Ashland adult male for child abuse of a 2 year old child in a case where the child's leg was broken. PATROL Patrol Division made numerous arrests during the month. Among those were the arrested a Medford male subject for UUMV within a few minutes of the occurrence; a brief officer elude resulting in the arrest of an Ashland resident for felony DWS, DUII and Reckless Driving; the arrest of a 13 year old Middle School Student found to be in possession of LSD; the arrest of 2 runaway females and an 18 year old male subject wanted for assault; and an injury MVA involving a roll over of pickup truck resulting in the arrest of the driver for DUII sending 3 passengers to the Hospital for lacerations. Officers assisted in another "Support the Troops" parade through the City which required 2 officers. February was a big training month for the department . Officers, dispatchers and Court personnel received training in First Aid and CPR 1 as well as training in dealing with harassment in the work place. Officers and Dispatchers received training in recognizing and understanding procedures for handling Hazardous Materials. The officers have begun defensive driving training and have had training in handcuffing techniques. , CRIME PREVENTION No report this month. Officer Bianca was filling in the Acting Sergeant position with the retirement of Wayne VanBlarcom. POLICE RESERVE The Reserve Division continues to supplement the department with the donation of hours of service. This month they put in 179 hours of service, 89 in patrol, 5.75 in meetings, and 80.25 in training. EXPLORERS The Explorer Post is in the process of recruiting new members and . could possibly have two new members by the end of next Month. Explorers donated 158.5 hours to the department this month. COMMUNITY SERVICE VOLUNTEERS Community Service Volunteers donated 957 hours to the City this month by a total of 39 volunteers. The highest numbers of hours continues to be spent in the Loaves and Fishes program with 284 hours. , MUNICIPAL COURT There were 980 citations filed in the Municipal Court, which includes 269 traffic violations, 41 formal complaints, and 670 parking citations. Cases closed totaled 670 which includes 93 traffic violations, 40 formal complaints, 14 fines suspended, 91 citations dismissed (including 13 completed diversions) . There were 547 parking citations closed, 378 of these were issued in the Downtown Parking District. No parking citations were dismissed. There were 231 appearances, 95 before the Violations Bureau and 136 before the Court . There were 25 trials held, and 0 no show; 131 persons were placed on diversion and 41 placed on probation. COMMUNICATIONS/RECORDS ; Communications/Records personnel handled 480 Police cases and dispatched 39 fire/medical runs. The center handled 8063 telephone 2 calls to the department, 3623 in the communications division and 424 being 911 calls. CODE COMPLIANCE OFFICER There were 21 Inspections performed ,this mont4, O,;warnings and 0 citation issued. JACNET JACNET activities in December included: CASES OPENED INTELLIGENCE CASES 11 56 SECTOR CASES PERSONS ARRESTED (address given) Ashland 1 0 Central Point 0 0 Medford 6 8 Jackson County 2 1 There were 6 search warrants obtained, 5 served and 11 persons arrested or cited. Officers seized 0 grams of Methamphetamine, 241 gram of tar heroin, 311 grams of marijuana, 30 valium pills and 0 gram of psilocybin mushrooms. 2 weapons and 2 vehicles were seized. Cash seized totaled $6, 144 . 3 CF ASof, &I a ran November 9, 1989 GREGG�, �. Ashland Police Department, Dick Chambers rIIm: John McLaughlin, Associate Planner .6�Ubipr : Sound Readings, November 7, 1989 at Parsons Pine, Helman St. On November 7, 1989, the sound levels associated with the operation of Parsons Pine Products were measured. The sound measurements were taken from the property located at 312 Hehnan Street, which is located in a residential zone. The following are the calculated sound pressure levels, in decibels, for the sample period from 10:46 to 11:06 am. The measurements were made on a 10-second interval. L,M = 55 L� = 61 L,a = 66 L, = 69 The Ashland Municipal Code clearly addresses the noise issue in 9.08.170. Specifically, in 9.08.170 C., the allowable statistical noise levels from 7 am. to 9 p.m. are as follows: 1� = 50 dBA 1110 = 55 dBA L, = 60 dBA As you'can see, the readings from November 7 are well in excess of that allowed by the City's ordinance. My recommendation is to contact the management of Parsons Pine Products and give them a written warning, stating that they are in violation of the Ashland Municipal Code regarding noise. The warning should state that they are to come into compliance with the Ashland noise standards within a certain time period, or they may request a variance from the Ashland City Council under AMC 9.08.170 C. 5, which states: '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." I believe that mitigation measures are warranted in this instance, but that it may be difficult for this operation to meet the strict requirements of the Ashland ordinance. eti{GF_ASH4'L A P m V L a n d K m March 6, 1991 GREG% ' II: Ashland Police Department, Dick Chambers rIIltt: John McLaughlin, Senior Planner U�tjBtt: Sound Readings, March 1, 1991 Parsons Pine, Helman St. On March 1, 1991, the sound levels associated with the operation of Parsons Pine Products were measured. The sound measurements were taken from the property located at 312 Helman Street, which is the nearest residential structure located in a residential zone. All machinery was in operation at the time of the measurements. The following are the calculated sound pressure levels. The measurements were made on a 10-second interval. L,. = 49 I� = 55 L,a = 57 L, = 60 Additional sound measurements were taken at 132 Van Ness Street, also in a residential zone. The measurements were made on a 10-second interval. 52 L,� = 55 �o = 57 L, = 60 A memo dated November 9, 1989 containing the previous noise levels is attached to this memo. The City Council has granted a variance to Parson Pine allowing them to comply with. noise levels as adopted by the State of Oregon Department of Environmental Quality. These levels allow for an I, of 55 dBA. From the measurements presented, Parsons Pine Products is in accord with the variance approved by the City Council and with the standards established by the State. c: Brian Almquist, City Administrator Ashland City Council Jerry Sivin, Parsons Pine Products i Gin t2c` �tCekA5C" �lowto- �� VC VIA � d .� o-lb Y lo— �c CO✓ i w t S S c v�� '. v-a. c`c v\. -i 4t,�LLc i� �11 t nQQC" cwA--k 1 - (,vGS �toyec` Gtt �t p( S �Jt,��C Q�S/sJ ivt Qte� actgJ t 4v�a ClC� re S s vim+ S of tue tor C VA c,� cow,w i y �out� z ;v a �C)5 ( oFAS11, o � emorttat � �xm March 13 , 1991 OREGOa,, Zia: Members of the City Council � ram: Catherine Golden, Mayor `A Subject Appointment to the Bicycle Commission Please approve the appointment of Douglas Heydon to the Bicycle Commission for a term ending April 30, 1992 , to fill the position left by the recent resignation of Vern Niehaus. Mr. Heydon's letter of interest is attached. Thank you. Attachment (1) NEW CONSTRUCTION: 1/91 RESIDENTIAL PAGE NO. 1 02/21/91 ADDRESS #UNITS CONTRACTOR VALUATION ** APARTMENTS HERSEY ST EA 27 EARL KING 793152.00 HERSEY ST EB EARL KING 0.00 HERSEY ST EC EARL KING 0.00 HERSEY ST EC EARL KING 0.00 HERSEY ST EE EARL KING 0. 00 ** Subtotal ** 793152. 00 ** SFR 918 CYPRESS POINT LOOP JERRY TONEY 89000.00 640 WELLER IN MEDINGER CONSTRUCTION 120000.00 1482 WOODLAND DR JON TURRELL 130000.00 1013 PINECREST TERRACE ADROIT 1-20000.00 1144 AUGUSTA COURT JERRY TONEY 110000.00 894 CYPRESS POINT LOOP JERRY TONEY 89000.00 ** Subtotal ** 658000.00 *** Total *** • 1451152. 00 Annual Building Activity Report: 01/90 - 01/91 Page 4 COMMERCIAL: # Units Value Plumbing: 3,400 IRRIGATION 2 PLUMBING 8 6,825 Subtotal: $ 21, 125 ***Total: $ 3,154,099 Total year to date: 1781 $47,226,279 Total last year: 1496 $49,429,075 Last year This year Total Fees: 351,973 490,875 , Total Inspections: 4360 7761 t Annual Building Activity Report: 01/90 - 01/91 Page 3 RESIDENTIAL: # Units Value Plumbing: Subtotal: $ 71,655 . ***Total: $ 18,922,944 COMMERCIAL: Building: 2 35,400 ADDITION 6 1, 387,000 DECK 2 13,000 DEMOLITION 1 0 EXCAVATION 1 0 FENCE 4 3,565 FILL 2 0 GREENHOUSE 1 22,500-- INT REMODEL 16 168,991 OFFICE 1 350,000 OFFICE/APT 1 120,000 OFFICE/WAREHOUSE 2 195,760 PLAN CHECK 2 0 POOL 1 15, 000 REMODEL 20 1 353,169 REROOF 13 227,210 ROOF REMODEL 2 5,944 SHED 1 2,200 WAREHOUSE 1 3,500 WINDOWS 1 300 Subtotal: $ 2,903,539 Electrical: ELECTRIC 86 . 191,447 Subtotal: $ 1911447 Mechanical: GFAU 3 6,558 MECHANICAL 9 26,630 WOODSTOVE 1 4,800 Subtotal: $ 37,988 Plumbing: FIXTURES 5 10,900 Annual Building Activity Report: 01/90 - 01/91 Page 2 RESIDENTIAL: Units Value Building: TOWNHOUSE 2 2 124,540 TRIPLEX 1 3 285, 272 Subtotal: $ 18, 384,516 Electrical: 3 5, 650 ELECTRIC 217 144,545 FENCE 1 525 Subtotal: $ 150,720 Misc. (L) : SFR 1 1 72,800-- Subtotal: $ 72,800 Mechanical: GAS PIPING 22' 6,795 GFAU 50 104,241 HEAT PUMP 3 1,770 HOT WATER HEATER 15 14,999 MECHANICAL 37 67,763 REMODEL 1 500 REMODEL & ADDITION 1 3,875 STORAGE SHED 1 350 WATER LINE 1 35,000 WOODSTOVE 14 7,959 Subtotal: $ 243,253 Plumbing: 1 _ 600 -- FIXTURES -2 5,425 HOT WATER HEATER 4 1,130 INT SPRINKLER SYSTEM 1 1,000 IRRIGATION 10 . 8,550 PLUMBING 28 41,900 SEWER & WATER 3 3,000 SEWER LINE 6 8,075 WATER & SEWER LINES 3 1,975 Annual Building Activity Report: 01/90 - 01/91 Page 1 Units Value RESIDENTIAL: Misc. (-) : PLAN CHECK 1 0 Subtotal: $ 0 Building: 0 LOT LINE SUBDIVISION 4 18 1,055,332 ADDITION 49 2 954,356 APARTMENTS 14 80 2,777,030 CARPORT 6 44,399 CONDOS 2 9 514,800 DECK 16 53,750 DECK COVER 2 4,850 DEMOLITION 12 0— DUPLEX 2 4 372,060 EXCAVATION 2 1,000 FENCE 32 21,508 FILL 2 0 FIREPLACE/FLUE 4 5,060 FOUNDATION 7 22,825 FOUNDATION REPAIR 3 18,675 FOURPLEX 2 197,392 GARAGE 8 107,431 HOT WATER HEATER 1 3,000 HOUSE MOVE 5 1 0 INT REMODEL 18 101,925 MAINTENANCE BLDG 1 140, 000 PLAN CHECK 10 0 POOL 9 117,425 PORCH 1 3 ,200 REMODEL 45 611,840 REMODEL & ADDITION 13 371,851 REPAIR 3 16,500 REROOF 7 33,573 RETAINING WALL 4 9,000 ROOF REMODEL 3 14,750 SFR 98 88 10,363,274 SHED 1 900 SHOP 1 14,428 SPA & DECK 1 10,000 SPECIAL INSPECTION 5 0 STEPS 1 5,500 STORAGE SHED 2 7,070 I Monthly Building Activity Report: 01/91 Page 2 COMMERCIAL: # Units Value Building: SPECIAL INSPECTION 1 30 Subtotal: $ 163,630 Electrical: ELECTRIC 7 48,851 Subtotal: $ 48,851 Mechanical: MECHANICAL 1 5,100 Subtotal: $ 5, 100 Plumbing: PLUMBING 1 100 Subtotal: $ 100 ***Total: $ 217,681 Total this month: 74 $ 1,796, 607 Total this month last year: 79 $ 907, 624 Total year to date: 548 $10,627,928 Total last year: 820 $26, 016,750 This month This month This year last year Total Fees: 21,713 12,857 127,520 Total Inspections: 304 493 2694 Fees Collected from Talent for inspections: $1, 221. 60 . Monthly Building Activity Report: 01/91 Page 1 Units Value RESIDENTIAL: Building: ADDITION 7 2 129, 492 APARTMENTS 5 27 793 , 152 DEMOLITION 1 2, 000 FENCE 3 200 FOUNDATION 1 8,000 MOBILE HOME INSTALLATION 1 0 REMODEL 3 32,600 RETAINING WALL 1 4,000 SFR 5 5 569,000 STUDIO 1 0 Subtotal: $ 1,538,444 Electrical: ELECTRIC 14 6,430 Subtotal: $ 6,430 Mechanical: GAS PIPING 1 250 GFAU 5 11,477 MECHANICAL 4 14,803 WOODSTOVE 3 6, 162 Subtotal: $ 32, 692 Plumbing: SEWER LINE 2 710 Subtotal: $ 710 ***Total: $ 1,578,276 COMMERCIAL: Building: INT .REMODEL 3 1 66,500 REMODEL 1 600 REPAIR 1 7,500 SFR 1 1 89,000 CONSERVATION AS A SOLUTION FOR PROJECTED WATER SHORTAGES IN ASHLAND, OREGON By John Fregonese Director of Community Development City of Ashland Ashland, Oregon Ashland's Location and Economy Ashland, Oregon is a city of 16,500 people located in southern Oregon, about 14 miles ' north of the California Border along Interstate 5. The fast settlers built a flouring mill on the banks of Ashland Creek in 1851, and the town grew up around this source of both water and power. The Ashland Academy, a teacher's college, was established in 1870, and today its descendant is Southern Oregon State college, one of the City's main economic bases. Located as it is between the Cascade and Siskiyou mountains, Ashland is known for its spectacular alpine setting and the beauty of the City itself. This fact, along with the location of the internationally famous Oregon Shakespearian Festival, have contributed to the development of tourism, another source of economic activity. As in most of southern Oregon, Ashland is home to wood products manufacturing, with other light industries rounding out the economic base of the City. Climate & Rainfall Ashland is located between the mediterranean climate of California and the maritime climate of Western Oregon, with some variation thrown in because of its 2,000 foot elevation. It has an average rainfall of 19 inches per year, and an annual average evaporation of 20 inches per year. With four distinct seasons, a wet winter, and hot, dry summers, Ashland's climate may be categorized as semi-arid. Figure 1 shows the annual rainfall totals for the past 40 years. As can be seen, occasional droughts are common, and we are experiencing our sixth year of below average rainfall. Ashland's Three Water Systems Ashland is somewhat unique in that it has three separate water systems. One is the Lithia water system, a heavily carbonated mineral water piped into the City in 1914 as a tourist attraction. The second is the Talent Irrigation District (TID), a system of canals that supply non potable water to many residents for irrigation use along City and TID owned ditches. The thud is the municipal water system, which supplies 1,000 million gallons per year to the residents and businesses in the City limits. The source for the municipal water supply is primarily Reeder Reservoir, an 850 acre foot storage facility located in the Ashland Creek Watershed. The 14,400 acre watershed is entirely within the Rogue River National Forest, which abuts the City limits to the south. The supply of water from Ashland Creek is augmented by up to 1,200 acre feet a year of water from TID, which is pumped into Reeder Reservoir. As the lakes which supply the Talent Irrigation District (located in the Cascade Mountains) and Ashland Creek watershed (located in the Siskiyou Mountains) are in close proximity, low water years usually occur in both systems simultaneously. Water Customers and Consumption Ashland has 4,507 residential meters serving over 7,000 housing units, 1,019 commercial meters, and 160 irrigation accounts served with TID non-potable water. The distribution of water use is approximately equal between the residential sector and the commercial .sectors with residential use accounting for 47% of use, commercial for 46%, and governmental for 7%. The City's 50 largest customers use 35% of all water produced. All accounts are'metered except for the non-potable irrigation water. Metered water use per capita has varied from a high of 200 gallons per capita-day (GPCD) to a low of 130 GPCD. The average use is 150 GPCD. Ashland use peaks in the summer, with an average usage of 5 million gallons per day for July, more than double the January use of 2 million gallons per day. Residential use peaks more heavily than commercial accounts, mostly because of irrigation use. Unmetered water losses have fallen dramatically due to system improvements, from a 50% loss in 1970 to the present day, where loses have fallen to 25% to 35% of produced water. Figure 2 shows the history of water produced, sold, and lost in the last 20 years. New Water Source Planning Figure 3 shows Ashland's population growth in the 1970's and 1980's, and three projected growth trends taken from the Ashland Comprehensive Plan. The middle growth trend is considered the most likely. The City's past and projected growth is moderate compared to suburban cities, but substantial nevertheless. The use of metered water per capita has remained fairly consistent in the last 20 years at 150 GPCD, and is not expected to change. Therefore, Ashland's water consumption could be expected to grow in proportion to its population. Prior water system plans had predicted that the water system, as currently constructed, could support a population of about 23,000, a figure the City may reach by the year 2010. In 1988, Ashland commissioned a study by R.W. Beck and Associates to investigate the cost and feasibility of new water supplies: Beck was not asked to consider conservation as a resource. The Beck report took a conservative approach to forecasting demand, using the classic single forecast method. They picked the high growth rate scenario from among the population projections, assumed that the present consumption and water loss figures would not change, and established a goal for system reliability that the City would be able to meet demand 98% of the time. Based on these assumptions, they concluded that a new water source would be required by 1998. Two of the alternatives, a new dam and reservoir in the watershed, and a 13 mile pipeline and two pump stations to access Rogue River water would cost $8.1 million and $7.7 million dollars, respectively. Considering the lead time involved with public works projects of this size and complexity, if the Ashland City Council accepted the report, work needed to begin immediately on construction of a new source. The decision to adopt the report and to begin the process of building a new water source was a politically volatile one. First, the Council felt that some in the community would perceive that the new supply would be needed simply to encourage accelerated growth, a politically unpopular position in Ashland. Second, the City did not have the resources available. to internally finance an eight million dollar project. Bonds would have to be sold, and the sense of the Council was that it would be difficult to achieve voter approval for this project. Finally, many in the community urged the Council to consider conservation as a way of meeting growing demand. Water Conservation and Electric Conservation This plea fell on a receptive audience. The Ashland City Council has had almost ten years of experience with energy conservation. Ashland is also a supplier of electric energy, purchased through the Bonneville Power Administration. They readily found many similarities between planning for future electrical resources and planning for water resources. The experiences of the Northwest electric utility industry in the past 15 years have radically changed the approach used for projecting and supplying new demand for electric energy. The Washington Public Power Supply (WPPS) debacle in the late 1970's and early 1980's, and the creation of the Northwest Power Planning.Council has resulted in a regional energy plan that uses the approach where conservation is considered, along with new sources of supply, a viable option, and choices are made on the basis of what is the most cost effective. In addition, rather than making a single forecast for demand, four growth scenarios are used in the Northwest Power Plan, in order to allow for flexibility in meeting future energy demand. To the City Council, these methods seemed directly applicable to the problems of water resources as well. Ashland has had an award winning electric conservation program since 1982. This program was placed in the Department of Community Development, because this department's experience with land use planning and zoning, building inspection, and housing rehabilitation seemed to be more directly tied with energy conservation activities. Since 1982, the department has been responsible for conserving over 10 million kWh of power annually, about 7% of Ashland's demand. Therefore, it was natural to involve the Department of Community Development to work with the Public Works Department'to investigate the potential for water conservation. Forecasting Demand for Water Forecasting demand for water is a difficult art. This is because the future may take any one of an infinite number of paths. However, many plans attempt to do the impossible: to predict the future. The stakes are high in this process. If the prediction of demand is too low, water customers may experience frequent rationing, curtailment, and other signs of a failing system. Predict too much demand, and customers are forced to pay for expensive resources that they will never need. One needs to acknowledge that forecasts are based on assumptions that may or may not come to pass. The effects of changing assumptions in making forecasts is evident in Figure 4. The y axis shows average daily demand for water. The horizontal lines represent the reliability of the City's municipal supply to produce the average daily demand. In other words, the 98% reliability line is that level of demand that the City would be able to meet in 49 out of 50 years, and the 95% reliability is demand that the city can meet 19 out of 20 years. The years that demand exceeds supply would be years that mandatory water curtailment would be required. Forecasts of this type are very sensitive to changes in per capita demand assumptions and population growth assumptions. Even small changes can have dramatic effects on the conclusions that may be drawn from the forecasts. The two demand lines represent the assumptions made in the Beck Report, and an alternative group of assumptions made by the author. The Beck report assumed a high growth rate, that there would be no change in water consumption per capita, and that system losses would remain at 25%. Using their approach, the City's water demand would greater than the 98% reliability level in 1998, the year recommended for a new source to be on line. The water demand would be greater than the 95% reliability level by the year 2006. However, if a few changes are made to the assumptions, a very different conclusion can be reached. For this example, the author made the following assumptions: 1) A medium population growth rate was used. This population projection tracks the actual experience of the last ten years. 2) We assumed a water conservation program in place that would reduce per capita demand among existing users from 150 GPCD to 140 GPCD over a 20 year period. 3) We assumed incentives or codes that would reduce the average water demand from 150 GPCD to 130 GPCD for new construction. 4) We estimated that system losses could be reduced from 25% to 20% over a 10 year period. The results are that the City would reach the 98% reliability level in the year 2014, an increase of 16 years. In addition, it would take an additional 18 years, to the year 2032, for the system to degrade to the 95% reliability level. A reasonable conclusion one could draw is that a modest conservation program would extend the time for the acquisition of a new source until the year 2010, and that the new source could take as long as 10 years to bring on line (the year 2020) without taking unacceptable risks for water supply. If water conservation is found to be cost effective and reliable, it certainly should be pursued. Conservation Solutions Based on their faith in multiple scenario planning and the effectiveness of conservation as a solution to supply shortages, the Council directed staff to investigate the cost effectiveness of conservation, and prepare a water conservation and supply plan modeled after the Northwest Conservation and Electric Power Plan. As a first step, the City contracted with Synergic Resources Corporation of Seattle, Washington, to determine the cost effectiveness of various conservation programs. This plan is currently under way, and will be completed by May. Then the task will be to mix the conservation and supply options into a multiple scenario plan, outlining when decisions have to be made to activate the various conservation and supply options. The preliminary results from the study point to conservation costing about one half of the cost of new supply. The City's current rate for water is about $30 per 100 cubic feet (CCF). The cost of the new supply is about $2.80 per CCF, and most conservation solutions will cost between $1.20 to $1.50 per CCF of water saved. Therefore, while conservation is not always cost effective to the consumer, it is cost effective to the utility, as long as it costs less than new supply. In addition, a subcontract with HDR Engineering is investigating the potential to reduce system losses. Preliminary results are that a 5% to 7% reduction may be feasible and cost effective. When facing a period of uncertain future demand, the best strategy for the City is to acquire new resources that are relatively inexpensive, in small quantities, and can be brought on line quickly. Conservation savings appear to have these advantages. Potential Conservation Programs The author believes that many of the techniques used so successfully to implement energy conservation will have a direct application for water conservation as well. Our Department is confident that we can meet or better our goal of 10 gallons per capita day reduction in existing use, and 20 gallons per capita day for new use. The City has budgeted a half-time person and an initial funding of $5,000 to implement this, but it is not clear at this time what the final staffing and funding will be for the program. However, we have developed the following potential list of programs to achieve this goal: 1) Leak Detection and Waste Reduction. The City will probably investigate the feasibility of a comprehensive effort to reduce system losses. It appears that system leaks are the largest culprit, followed by uncontrolled overflow from an old reservoir in our system. Because of the topography of Ashland, some parts of the system operate at more than 100 psi. Combined with the age of some system components, it is no wonder that system losses are so high. With the cost of a new source at $2.80 per CCF, leak repairs may turn out to be very cost effective. 2) Rates and System Development Charges. The cost of water currently is mostly based only on the costs of treatment and maintenance of the system. It does not reflect the cost of new supplies. In addition, new users on the system are not charged a proportionate system development charge to pay for the capital costs of new supplies. We will recommend that the rate structure be examined to send the proper pricing signals to the consumer, and that appropriate system development charges be levied to reflect the cost.of added supply. Demand studies in the City or Portland predict that for each 10% increase in water rates, consumption will fall by about 3%. 3) Device Retrofit Program Many communities have had proven success with a device retrofit program. We will design and recommend some type of program that will reduce in home consumption to the cost effective level for the utility. 4) New Plumbing Codes. Oregon State Law prohibits local governments from adopting their own building codes. Therefore, we intend to lobby the State of Oregon to increase the efficiency of common plumbing fixtures, or at least allow the local option for communities to adopt water efficient plumbing codes. A bill (S.B. 203) that would require low water use fixtures state wide has been introduced in the Oregon Senate, and action is expected this term. 5) Education and Public Information An essential component in any effort to modify public behavior is an education and information program. We have had the best success in energy conservation with printed and video material for the adult population, and programs designed for in classroom use for school children. We will be designing a similar program for water conservation. In addition to these traditional programs, we have in mind some more experimental programs that are based on our background with energy conservation or on successful projects recently implemented in the Southwest. Since there is little experience with these approaches in our region, their success is difficult to predict. However, we are hopeful that they will produce fruitful results. They are: 1) Large Customer Audit Program. An analysis of our water billings reveals that our 50 largest customers use 35% of water. These large customers include the College, several large hotels, a sawmill, and the City itself. We will investigate an aggressive water conservation program for existing users, starting with municipal use of water. 2) Density Bonuses for Water Conservation. Ashland has offered a density,bonus for energy efficient housing since 1980. This program offers a 15% increase in the number of houses or apartments permitted by the zoning code in new developments when they agree to construct housing that exceeds the building code minimums. This has been remarkably effective in achieving energy efficient housing, with over 80% of new housing units choosing to participate in the program. The City is considering tying the density bonus to both energy and water efficiency. The new housing constructed under this standard would have to exceed state building code in water efficiency, and agree to install low water use landscaping as well. 3) Low Water Use Landscaping Requirements. Ashland, like many communities, requires landscaping as part of a new development in apartment, commercial, and industrial zones. The current regulations do not require water efficiency in plant materials or irrigation systems. In fact, many times the current regulations require landscapes that use a great deal of water for irrigation. These standards are under review, and new standards will be proposed that cut the water use of most landscapes in half, with no reduction of landscaping quality. The City recently implemented a low water use landscaping in a new downtown public parking lot that demonstrated the techniques of using plants adapted to the area's climate, and water efficient irrigation systems. 4) Substitution of Irrigation Water for Potable Water. The City has over 2000 households that irrigate with TID water delivered through a series of ditches. However, new subdivisions have not been permitted to extend this system. The City will investigate the feasibility of extending the existing system to relieve the municipal water system of summertime residential irrigation load. This water could also be diverted to the water treatment plant when it is needed in severe droughts. 5) System Development Charges(SDC's). Most Oregon cities charge a system development charge when a new user hooks onto the water system. This fee is supposed to cover the costs of system expansion required by the new use. Ashland is currently studying its SDC's in order to comply with a new State law that requires cities to only charge new growth their fair pro-rata share of the costs of growth. In our case, using the cost of the new resources evaluated in the Beck report, each new single family home would be required to pay about $1,300 to obtain service. However, a water conserving home would use less water, therefore a smaller proportion of new resources. We are investigating a program that would rebate a portion of the SDC when new residences or businesses exceed the state building code in water efficiency and install low water use landscaping. Developing a Resource Mix We are confident that many of the ideas suggested above will prove to be cost effective alternatives to new supplies. However, it is important to put conservation programs to a rigorous test to determine their feasibility, effectiveness, cost, and long term reliability. Conservation is fundamentally different than acquiring a new source in that it usually relies on many small actions, some of which depend on modifications of human behavior. This makes the implementation of a conservation program more dynamic, and the projection of results have a greater degree of uncertainty. Programs which achieve conservation through the installation of a physical device, be it a low flow shower head or fixing a leaky water main, can be considered to save water for the life of the system. Programs that can be easily be modified, such as water conserving landscaping, may not be as reliable over the long term. Simple changes in human behavior, achieved through education and information or small rate increases, have the most volatility in terms of savings over a long time span. But the fact that these programs are not one hundred percent reliable over the long term does not mean that they are not cost effective. Even if a program has a twenty percent degradation in savings over the long term, it is still saving eighty percent. This can be handled by acknowledging the volatility of conservation programs, and taking this into account in the resource mix. Conclusions In approaching water conservation, we are using the same approach that we were familiar with from our involvement in energy conservation. First, we define carefully the assumptions in any forecast. Second, we use several scenarios in forecasting, rather than using just one. Three or four scenarios, ranging from low growth to high growth are preferred. Third, we identify all potential sources of supply AND ways to reduce demand. Fourth, we assess the cost and reliability of each source, and use the least expensive solutions first. Fifth, we fully assess the consequences and risks of the selected actions. The strategy of meeting our future demands is simple. It is to acquire the least cost resources first. It appears that most conservation can be acquired for less than $1.50 per CCF, while new sources are more than $2.80 per CCF. Therefore, some conservation will be in this mix, but the City can also acquire low cost water rights if this is feasible. Secondly, we should reduce resource lead times. The necessary engineering, studies, and permits should be pursued for new, expensive resources as well as complicated conservation programs so they can be brought on line in a shorter period of time. It appears that by using this method, the City will be able to delay the acquisition of new resources by as much as 20 years, depending on growth rate, conservation effectiveness, and acceptable reliability levels. While a new supply may eventually be needed, conservation will allow the City to reduce future uncertainty while insuring that the most cost effective resources are acquired before building expensive new water supply facilities. L � �� � � � a � � � �, i �l I i !i I � I � i `� i � 7 1 I � � i I � ; � � ll '� I f '� �I I � i it I I � � ; II i I �; �� �I li � I i I � ; k� i ili k � � 4'I � � '�l i � II j I � N u li I i I I i I I �,I I i� 'i � i I kil I� � i i ��. � I lil � I`i � I! i ,i � � i � i i k i '� I � � ', � i � � �I I I ai I i � I � ', � it il ' j ' � �I � i �� � i � ,� a � I Igl � l� � l'� , � • . • . . .., / / %�%i! ,.. . r „ ..,.,... j ,. ,ii � <�, .. r r //i/�/�j///r r � • ' � / !r / / r:. /%r/��%/i�0 ri//or %r r rte% r� � / r //r /r/ 6r/r6 ri � / r r iii��ir%%r r%ri%r i r r%r r r i r/i r i r/ i /r r r i i���i r /� r. . /���;�/ � �/%/ r i r/i � ri r rrj%��r/%�r / % � - • � //G //r/ r r � / / � � r r .�r/��/rr/r_ r r/�irrr rrrr / rri: � /r j//��//i/i/%% /r//�/ - . � ����/r � r / / r / / �/%/ rr /r r/r�/ rr��/// i„/ r rr r iir ;io/// �v r rr rriia r �r�o �i r///rr , �rr��� Vri r/ r / ., r r ar r r//� / /r r�/ �����/��/��r j%/r Oi%i�rr r i%rr rr iia ��r..�, j//��jr�r%/��/��%�U/r��%ri .�; ///i/rigryr/ �/�//i./�rr� rr :rrrr/r%l'/r ///%i�// r�����///�ii5; ���/%//�//rr�i��///��/r r�r���iiUr/ri %//� �i%/%��������r�/r/% /� / r/r r� ri r/ / / ///r /i�/ r/// ///��r//rir . r�/%i�//� ����r r rii�i rr/�� rrrrGi rrr/�ir����/�ar�///�//r r •; �/� r/�ir��r%// /r//% �rr rioil��i i��r��� ����%�//%r, ���//� /�r///�r /// / r pi rr rr r���� � ���/�/�//ii::, ���� / /�%i//r�%�%%i/rrrri%/%%r�%i/��%/%/i�/�j���������%��!. j���/ ��// r/ o rr �/ rr r/i /rrrr / / /r//i ��r ��j�����i.- ��r r v/r/ /�. /r�rr ��r���/r/r/�/i'' �/r rr�/�i ��//rr G/i r/i/ r rrii//r /r %i/��/� %//� Vii/ a'r rr, /i//r /rir (iiii �/ii /%%rrrcr� �, �iri/%% �rr��ir rG '4rr///r ✓/ /,o� r ,//, r�r/�i �%//r/',< �/�i//� r� siii//i aio�'o/or%%�/%raj/ %%%� //%r r�r Figure 3: Population Actual and Projected 21000 ' i 19000 i i — Actual Population i - Portland State 17000 0 � — Woods do Poole n 0 a — Frego k Reid 15000 13000 11000 2 2 1 1 1 1 1 1 1 9 9 9 9 9 9 9 0 7 7 e 8 8 9 9 0 5 0 5 0 5 8 0 5 0 .. Year Figure 4: Two Water Demand Forecasts 6 5.5 Beck Forecast 5 °--- °._.°. ..... ...... �- Fregonese "'--- (Population and 0 Conservation) >? 98X Confidence 4.5 ------------- -...._----....----.......----. -'- Supply 95% Confidence Supply 4 90:°. Confidence cea:;aassa^ On Supply 3.5 -- -- 3 1990 1995 2000 2005 2010 2015 2020 2025 2030 2035 2040 Year 4 STRATEGIES Association of DSM Profession< Enere� di iL �.!VGAer Demand-Side ��/ia c-111 t 9 J � John Flory, president,QEI, Inc. =I pay$100 a month for Paul Levy, executive director, Massachusetts Water Re- energy but only$10 a month for water.This fact indicates some sources Authority—Planning is virtually identical for the water of the differences between water utilities and energy utilities in and electricity industries. The major exception is that water can I achieving DSM. stored better than electricity. Because of this,water demand-sidi Water utilities are typically smaller, are municipally run,and management in the Northeast is more focused on reduction of have less discretionary revenue than energy utilities.Thus, total use rather than on peak shaving.The main exception to thi: without some commitment from the top management or governing is if there is a pipeline constraint. However,water utilities withou board,committing dollars for planning and implementing water surface reservoirs and that depend on groundwater supplies ma conservation has been a significant hurdle.Smaller water bills have more of a generation capacity equivalent concern: they ca under average-price based rates make it tougher to justify cost- only extract water so fast without drying up the underground effectively the resources for water conservation programs.The aquifer. marginal cost of new supplies or even the marginal value to 1 see a number of lessons that have been learned in water "customers of experiencing water shortages may be necessary to demand-side management: justify some aggressive water conservation programs.Also, 1. DSM programs should focus on changing appliances and because of the lower monthly bills, it is tougher.to get residential fixtures so that water conservation becomes effortless and customers to conserve just to reduce their water bills. inevitable.The focus should not be on changing habits. For water utilities to succeed in designing and promoting DSM, 2.The return on investment in DSM for water utilities is just a they and their customers must get beyond the perspective that good as for energy utilities.Water conservation is typically one- conservation means a reduction in lifestyle.Rather,conservation fifth to one-half the price of new supplies and can also be made must be perceived as maintaining or enhancing one's lifestyle— cost effective for the customers. with more water efficient appliances and fixtures. 3.Water savings of 10%to 15%can be achieved almost effortlessly; 15%to 25%with a little effort;25%to 500/6 with Flory is president of QEI, Inc., of Davis, CA. The firm provides concentrated effort. consulting services in demand-side management to water and 4.There is a need for water DSM consultants. Most water energy utilities. utilities currently rely on the old line engineering/construction firn Levy is executive director at the Massachusetts Water Re- sources Authority, and formerly served as chairman of the Mass Dept.of Public Utilities. Timothy Dulnn,director of state water project and conserva- tion,Metropolitan Water District of California—I see more parallels between the water and energy industry than I see differences. Both are capital intensive public services,both have the problem of getting the product to the right place at the right Richard D.Tabors,Tabors Caramanis&Associates—Fron time and both face significant constraints on adding new supplies the perspective of the market oriented economist,the parallels and must increasingly seek demand-side solutions. From the between energy and water for the purposes of demand planning customer side,there is a high value placed on the reliability of and,significantly, pricing are dramatic.Three characteristics sta service,with most willing to pay significantly more to maintain that out: reliability. • The fact that demand for both energy and water is largely a This awareness of reliability brings us to an interesting derived demand; difference. Unlike the energy industry,the water industry has no • Both the cost of delivery and the value to the consumer of established reliability criteria.We at MWD have developed energy and water are temporally and spatially determined;a contingent evaluation methods(value of service)to establish • The service is provided at uniform quality even though the reliability goals that state policy makers will find credible. Indeed, consumer may be interested in or willing to pay for a more our studies have found that the average household is willing to differentiated product. pay almost$300 a year more for water to avoid this year's With the probable exception of what is drunk by human being possible 30-35%reduction in water use. and what is absorbed by growing plants,the demand for water, One of the biggest differences I see between the industries is like that for energy, is a derived demand. By that I mean that we that the energy industry was able to achieve some price respon- consume it for what it does,or produces, rather than for its sive conservation because of an outside force(OPEC)that could intrinsic value to us.From a DSM planning perspective,the key' be blamed for the problems. In the water industry,there is no dealing with derived demand is delivering the service, not deliver outside force that the board members can blame for having to ing a fixed quantity of the commodity. raise rates to achieve long-term conservation. Pricing to achieve The second parallel between demand for water and energy is short-term rationing is viewed as the only acceptable price tool— that their value and cost are both spatially and temporally define which is essentially levying a fine for exceeding a given quantity The spatial component is clear:location determines availability of water use. and cost of delivery.And,in the time domain,the very short time frames(hourly)that the energy planner deals with through Real Quinn is director of State Water Project and Conservation at Time Pricing have direct parallels to the dailythourly consumptio the Metropolitan Water District of Southern California. He is patterns of water, which place parallel peak demands on the responsible for water conservation, including balancing water conservation with new supplies. —Continued on page -2 STRATEGIES Association of DSM Professional Researcher to Analyze DSM and integrated resource have strong expertise in long-range DSM planning, pro- planning issues at Oak Ridge,National Laboratory. gram design and evaluation; utility service and product Several years experience needed; MS or PhD in engineer- marketing;technology assessment; strategic pricing; and/oi ing, social sciences or business; strong communication regulatory analysis. Send resume and cover letter to skills. Write Eric Hirst, ORNL, P.O. Box 2008, Oak Ridge, Kristeen Mecham, BCI, 180 Grand Avenue, Suite 1090, TN 37831-6206. / Oakland, CA 94612. Market Research Analyst for diversified electric utility Resource Management International, Inc. is seeking providing energy to NE Minnesota and NW Wisconsin. experienced DSM Consultants to join its team of profes- Requirements include bachelor's degree in business, sionals in Sacramento, CA. Requirements include strong economics, mathematics;four years or more of load and expertise in DSM planning, program design and evaluation, demand-side research experience;computer application technology assessment and pricing.Candidates should knowledge desirable.Job duties include the conduct of function well in a team oriented environment and thrive on corporate load and demand-side management research, the demanding life style of a consultant.Applicants must research design, systematic gathering, recording and have confidence in their own abilities to join an organizatior analyzing of data and report preparation. Send resume to resumes to size Human entrepreneurial esources Department,s n Box Oliver or Houx, Street,Room 200B, Minnesota Power,30 West 15516, Sacramento, CA 95852-1516. EOEtAA Superior Street, Duluth, MN 55802. Resource Insight, Inc., a consulting firm specializing in Marketing Director with minimum 3-5 yrs. experience for integrated utility resource planning, seeks a Senior De- U.S. Environmental Protection Agency's"Greenlights" high- mand-Side Research Associate for work involving efficiency lighting program. Must be able to work success- planning,technical analysis, program design, economic fully with corporate executives in direct recruiting, group screening, program evaluation and policy recommenda- marketing, media placement and marketing materials tions,conducted on behalf of intervenors, regulators, and development. Looking for documented effectiveness in utilities in the context of collaborative design of utility presentations, ability to master technical information, programs. Requires MS or BS, preferably in engineering or negotiate agreements and in entrepreneurial efforts. Prefer related field, with five years experience with technical 475-7010 or call (202)letter to be taxed to Jerry Lawson, (202) aspects of demand-side resource planning and implemen- ( ) tation. Highly competitive compensation package, including RLW Analytics, Inc. is looking for highly skilled Statistical unusually generous benefits, and a challenging,collegial Analysts and Load Research Analysts for the new working environment in potentially partnership-track an Sonoma, CA and Westbrook, CT offices. Expertise and - position. Position located preferably in Rutland, will accomplishments in DSM evaluation, load data analysis, consider Boston. Send resume with cover letter and statistical sample design and DSM/Marketing design references n Heidi 2108. Inquiries ri Tremont Street, Suite desired. Excellent written and oral communication skills 1000, Boston, MA 02108. Inquiries to John Plunkett at required. Send resumes to RLW Analytics, Inc., 56 (802) 773-1529. Captain's Drive, Westbrook, CT 06498, FAX(203) 399- Florida Power Corp. in St. Petersburg, FL seeks a Senior 4768, TEL(203) 399-4766. Energy Programs Engineer to develop and oversee commercial1industrial energy management programs. Requires BS in electrical or mechanical engineering with a PE license and 5-8 yrs experience in the application of perspectives (continued from page 4) energy efficiency programs,familiarity with electrical and energy measurement techniques, data analysis, and delivery system and could, as well, be approached through HVAC.For confidential consideration, please write Terry temporally-based pricing. Edwards, Florida Power Corporation, Recruitment Dept. The third parallel, holding particularly between electricity and D2A-DSM, P.O. Box 14042, St. Petersburg, FL 33733 water,is in the quality of the service provided to the customer. In Equal Opportunity Employer M/F/H/V. electricity,quality refers to harmonics in the system and to voltagE constancy.To provide this quality, needed by some and not by Morgan Systems Corporation seeks DSM Professionals others,costs the utility.a significant amount above the base cost for Its Milwaukee and San Francisco offices. Responsibili- of generation. In the case of water, utilities provide potable water ties will require knowledge of research methods, planning to all consumers for all uses whether needed or not. Industrial process cooling does not require table water, nor do sanitary and program design, implementation, monitoring and p 9 9 Po evaluation. Familiarity with computer planning and building waste streams. For demand planning on the electric side,we energy simulation models is also desired. Submit resumes speak of"unbundling of services".The same can be done on the with salary requirements to Personnel Director, Morgan water side by providing the quality required to achieve the goal Systems Corporation, 250 N. Sunnyslope Rd., Suite 205A, rather than a uniform quality required by the highest use. Brookfield, WI 53005. Tabors has a consulting firm, Tabors Caramanis&Associates, Barakat&Chamberlin, Inc. seeks DSM Specialists for and also teaches courses in Electricity Resource Planning and Water Resource Planning(including DSM)at the Massachusetts Oakland, CA;Washington, D.C., and Toronto offices. Must Institute of Technology. . v pF ASNt_O . Aemorandum March 15, 1991 �REGO" �. Brian Almquist, City Administrator r ram: Steven Hall, Public Works Director �lI�IjPCt: Water Supply Report -- February 1991 ACTION REQUESTED None, Information Item. REPORT A lot of snow has fallen since my last report in January and since the February Snow Report from the US Forest Service My last report is that there are 75 inches of reasonably "wet" snow at the Ski Ashland Lodge. I thought you might be interested where we could be if we did not have the storms in recent weeks. WATER CONTENT OF SNOW AVERAGE OF THREE USFS STATIONS MOUNT ASHLAND --------------------------------------------------- Month 1972-1990 1977 1990 _ 1991 Average Actual Actual Actual --------------------------------------------------- January 16. 5" 1.8" 7 .0" 5. 5" February 21. 9" 4. 0" 12 . 3" 8 . 9" As you can see, we WERE at 72 percent of 1990 ' s low water content and 41 percent of the 1972-1990 average! For a change, I am anxiously and optimistically awaiting the March US Forest Service report. cc: Dennis Barnts, Water Quality Superintendent Pam Barlow, Administrative Assistant encl: Graph r I I 1 ; —'_I _ _ _ -.-4 �.�-t�__.•1,--!__ Get 1 = I I I I `1 �'`�` 'LL � 1•'� in I T R. Notice is hereby given that a PUBLIC HEARING specify which ordinance criterion the objection is based on also precludes your on the following request with respect to the right of appeal to LUBA on that criterion. ASHLAND LAND USE ORDINANCE will be held A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will before the ASHLAND CITYCOUNCILonthel9th be provided at reasonable cost,if requested. A copy of the staff report will be DAY OF MARCH, 1991AT 7:30 P.M. at the available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials arc available at the Ashland ASHLAND CIVIC CENTER, 1175 East Main Planning Department,City Hall,20 Fast Main,Ashland,OR 97520. Street, Ashland, Oregon. ;__r During the Public Hearing,the Mayorshallallovtcstimonyfrom the applicant Oil 09A YQVEV6A S1" and those in attendance concerning this request.Ilse Chairshall have the right The ordinance criteria applicable to this application areaoaehe44Pthis notice. to limit the length of testimony and require that comments be restricted to the Oregon law star"that failure to raise an objection concerning this application, applicable criteria. either in person or byletter,or failure to provide sufficient specificity to afford the decision makeran opportunityto respond to the issue,precludes your right Ifyou have anyquestions crcommentsconcerning this request,phase feel free of appeal to the Land Use Board of Appeals(LUBA)on that issue. Failure to to contact Susan Yates at the Ashland Planning Department,City Hall,at 488- 5305. _ I 1a \ - 11 S1 i d sl .l-rl 33 �. . e 1 Jr I PPOPoSQO bi ..- ramtru cn,ry � I I;I I It L —' •n %/.✓.,/�Gr ,- I' T I �H7Y14,N,4 I PLANNING ACITON 90-028 is a request for a Conditional Use Permit and Site Review, on remand from the Oregon Land Use Board of Appeals, to allow for the construction of four 2700 sq. ft. medical office buildings, located northeast of the intersection of Catalina Drive and Chestnut Street, at Ashland Community Hospital. Comprehensive Plan Designation: Public Facilities; Zoning: R-2; Assessor's Map #: 5DB; Tax Lot' APPLICANT: Ashland Community Hospital BEFORE THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON In the Matter of an Application ) for a Conditional Use Permit to ) Construct Four Medical Office ) Buildings on Property Located ) Planning Action 90-028 in the R-2 (Low Density ) Applicant's Proposed Findings Multiple-Family Residential) ) of Fact and Conclusions of Law Zoning District, Ashland ) Community Hospital, Applicant. ) INTRODUCTION On January 3, 1990, Ashland Community Hospital (ACH) submitted this application for a Conditional Use Permit (CUP) to construct four, 2,700 square foot medical office buildings on its campus in northwest Ashland. On March 3, 1990, following a public hearing held February 15, 1990, the Ashland Planning Commission adopted Findings, Conclusions and Orders approving the application. The decision of the Planning Commission was appealed to the City Council. After a public hearing held April 19, 1990, the City Council unanimously voted to affirm the Planning Commission. On April 24, 1990, the Council adopted its Findings, Conclusions and Orders approving the CUP. An appeal was filed with the Oregon Land Use Board of Appeals '(LUBA). On November 13, 1990, LUBA entered its Final Opinion and Order remanding the approval to the City for further proceedings. Applicant submits these proposed Findings of Fact and Conclusions of Law for consideration by the City Council on remand. . LUBA'S REMAND ORDER LUBA considered several claims that the City erred in approving the CUP. Petitioners argued that the approval violated Chapter VIII of the Comprehensive Plan, specifically Comprehensive Plan Policy VIII-5, "encouraging the creation of pocket parks Proposed Findings and Conclusions - Page 1 and special areas, especially in areas of intense urban development" claiming the ACH campus was a de facto park used by neighborhood residents and must be preserved. LUBA rejected'this argument, holding that the Plan Policy was not an independent approval standard and that current use of the land as open space by the neighbors was not a characteristic of neighborhood livability which needed to be considered. LUBA nevertheless remanded the case to the City after concluding that the findings were inadequate to demonstrate compliance with Ashland Land Use Ordinance (ALUO) 18.104.040(B). According to LUBA, in order for the City to show compliance with ALUO 18.104.040(B), it must go beyond the specific considerations listed in ALUO 18.104.040(C), and must identify the qualities constituting"livability and appropriate development of the abutting properties and the surrounding neighborhood." If testimony reveals issues arguably related to livability and appropriate development of surrounding properties, the City is required to (1) explain why the issue is not relevant, or (2) identify the issue as relevant and assess the impacts of the proposed development. With regard to the specific factors listed in ALUO 18.104.040(C), LUBA found as follows: a. Size, Design and Parking. LUBA denied petitioner's claims that the size and design of the proposed structures and accompanying parking facilities would have a major impact on the livability of the surrounding neighborhood. b. Traffic. LUBA held that the City's findings were inadequate to describe the characteristics of the surrounding neighborhood with regard to traffic and public safety, to describe the effects of the proposed development, and to explain why those effects constitute no more than a minimal impact on the livability of the neighborhood. C. Open Space. LUBA ruled that the City properly refused to consider the ACH property as a de facto park, but noted that the City was required to consider open space generally as an incident of neighborhood livability. Proposed Findings and Conclusions - Page 2 In these Proposed Findings of Fact and Conclusions of Law, the applicant will address each of the relevant approval criteria with particular attention to those portions of LUBA's Opinion and Order remanding the application. RELEVANT APPROVAL CRITERIA The criteria for approval of a CUP are found in ALUO 18.104.040: 18.104.040 Criteria. A conditional use permit shall be granted if the approval authority finds that the proposal conforms with the following general criteria: A. The proposal is in conformance with the Comprehensive Plan. B. The location, size, design and operating characteristics of the proposed development are such that the development will be reasonably compatible with and have minimal impact on the livability and appropriate development of abutting properties and the surrounding neighborhood. C. In determining the above,consideration shall be given to the following: 1) Harmony in scale,bulk,coverage and density. 2) The availability and capacity of public facilities and utilities. 3) The generation of traffic and the capacity of surrounding streets. 4) Public safety and protection. 5) Architectural and aesthetic compatibility with the surrounding area. rsz * x The applicant has carefully reviewed all of the Goals and Policies of the Comprehensive Plan. The property is designated "Public Facilities", and the Comprehensive Plan Map shows the property is to be used for the expansion of public facilities. The property is surrounded on four sides by lands designated "Multiple-Family ResidentiaP', and there are two small pockets of "Single-Family Residential' in the extreme northwest and southwest corners of the surrounding neighborhood. Although it was originally thought that Chapter IX of the Plan, Public Services, Goals and Policies, might have relevance to the application, on closer examination it is found that there is nothing in the language of the Goal or Policies which suggests that the City intended either to apply to hospital facilities. While the Chapter makes specific reference to sanitary and storm sewers, water supply and service, electric service, solid waste disposal, educational and recreational facilities and resources, and police and fire Proposed Findings and Conclusions - Page 3 services, the Plan does not address hospital services directly or indirectly. As provided in Chapter XIII of the Plan, implementation of the Plan in order to assure adequate provision of the enumerated services, is through the ALUO. The only Goal and Policies which relate to directly to this application are found in Chapter VI, Housing. The Housing Goal is to "ensure a variety of dwelling types and provide housing opportunities for the total cross-section of Ashland's population, consistent with preserving the character and appearance of the city." Policy 2 reads as follows: 2) Using the following techniques, protect existing neighborhoods from incompatible development and encourage upgrading: a) Do not allow deterioration of residential areas by incompatible uses and developments. Where such uses are planned for, clear findings of intent shall be made in advance of the area designation. Such findings shall give a clear rationale, explaining the needs, transportation, open space, and any other pertinent Plan topics. Mixed uses often create a more interesting and exciting urban environment and should be considered as a development option wherever they will not disrupt an existing residential area. b) Prevent inconsistent and disruptive designs in residential areas through use of a limited design review concept, in addition to using Historic Commission review as part of the site review, conditional use permit, or variance approval process. C) Develop programs and efforts for rehabilitation and preservation of existing neighborhoods, and prevent development which is incompatible and destructive. Chapter XIII of the Comprehensive Plan, Policies and Implementation, lists all of the Plan Policies and the ordinances which are to be used in their implementation. With respect to Housing Policy 2, Chapter XIII indicates that implementation is to occur through "conditional uses allowed in R-2 zones" (ALUO 18.24), Ashland Historic Commission (ALUO 2.24), and Site Review (ALUO 18.72). Accordingly, it is found that the only Plan Policy relevant to this application is not an independent approval criteria to be implemented through the Comprehensive Plan,but instead is a policy to be accomplished through application of the ALUO. The applicant will therefore confine Proposed Findings and Conclusions - Page 4 these Proposed Findings of Fact and Conclusions of Law to the specific approval criteria found in the ALUO. PROPOSED FINDINGS OF FACT 1 a. Comprehensive Plan Compliance. As indicated.in the preceding section, 2 the only Comprehensive Plan Goal and Policies identified as relevant to this application 3 are expressly to be implemented through the ALUO. The Comprehensive Plan is 4 considered complied with to the extent the applicant demonstrates compliance with the 5 approval criteria set forth in the ALUO. 6 b. Location, Size, Design and Operating Characteristics of the Proposed 7 Development. The proposed development is to be located on the southwest portion of 8 the existing hospital campus. The entire hospital property, consisting of 283,700 square 9 feet,is located on a full city block in the northwest area of Ashland bordered on the 10 north by Maple Street, on the south and east by Catalina Drive and on the west by 11 Chestnut Street. All of these streets are fully improved. 12 The hospital, with which the proposed development will share the site, covers 13 41,500 square feet or 14.6% of the property. The proposed buildings will consist of 14 10,709 square feet, covering a total of 3.8% of the land. In addition, 37 new parking 15 spaces, located between the proposed buildings, will be added to the 150 which already 16 exist on the hospital grounds. 17 The southwest corner of the proper slopes downward in a generally northeast 18 direction. Finish grade at the building site for the two western-most buildings will be 19 approximately 10 feet below the grade of Chestnut Street. The two eastern-most 20 structures are proposed to be located on land which is approximately 45 feet below 21 street level. Proposed Findings and Conclusions - Page 5 1 The proposed medical offices are single story, of contemporary 'low profile" 2 design. Wood-frame construction featuring brick and stucco have been selected to blend 3 with renovations to the. lobby area of the hospital and new emergency room additions 4 while maintaining a more casual, neighborhood appearance. A metal mansard roof has 5 been used, similar to that of the recent lobby addition to the existing hospital structure, 6 which will shield roof-mounted mechanical equipment from view. The medical offices 7 will be adjacent to that portion of the hospital which is single-story. The offices will be 8 approximately 17.5 feet in height from finished grade, measured to the top of the 9 mansard roof designed to screen roof-mounted mechanical equipment. 10 ACH is a full-service community hospital providing a full .range of medical it services to the community. Emergency facilities are staffed around the clock. In 12 contrast, the proposed medical offices are intended to be occupied by physicians provide 13 normal office-care to patients. Unlike the hospital, the offices will be open during 14 normal business hours. 15 C. Compatibility With and Minimal Impact Upon Livability and 16 Appropriate Development of Surrounding Neighborhood. For the purpose of making 17 the comparative evaluation required by this section of the ALUO, the "surrounding 18 neighborhood" is considered to consist of the area shown on Exhibit 'Remand-1", 19 attached. The properties within the boundaries of the area chosen which abut the 20 hospital property are both "backgrounded" by the hospital campus and provide 21 background themselves. Visually and audibly, those properties abutting the campus will 22 necessarily be somewhat impacted since the proposed offices will be seen and, to a lesser 23 extent, heard by residents and occupants. In addition, since the most typical vehicular 24 access will be via Maple Street off North Main, the surrounding neighborhood has been 25 drawn to include those properties abutting Maple Street east to North Main and a small 26 area east of the intersection of those two streets. Proposed Findings and Conclusions - Page 6 I Exhibit "Remand-2" shows the land use pattern in the surrounding neighborhood 2 to be mixed. The primary characteristics of livability and appropriate development 3 center on the fact that the neighborhood is predominantly residential despite a 4 substantial mixture of land uses and building types. Single-family residences do prevail, 5 but there are many multiple-family residential structures, including apartments,.in the 6 area. In addition, several medical offices have already been established as have 7 congregate care and retirement facilities. Other commercial uses are located at the 8 corner of Maple Street and North Main. The panoramic photographs which accompany 9 these Proposed Findings clearly portray the varied building styles and sizes in the 10 neighborhood as well as the mixed nature of the land uses themselves. As indicated on 11 Exhibit 'Remand-3", there are 35 structures in the area immediately surrounding the 12 hospital which are two-story in design. 13 These land use choices, in an essentially"built-out" neighborhood, reflect not only 14 the flexibility of the Plan and zoning designations, but the fact that facilities for the 15 provision of medical services are appropriately located near the hospital. The specific 16 manner in which these proposed offices will relate to and impact upon the surrounding 17 neighborhood, its livability and appropriate development, are discussed in the following 18 sections. 19 c(1). Harmony in scale, bulk, coverage and density. The four proposed free- 20 standing medical offices are generally complimentary to the existing hospital structure 21 because they are (1) single-story adjacent to a single-story portion of the hospital, (2) of 22 low-profile, wood-frame design with brick and stucco, and (3) are terraced into the 23 natural downward slope of the land in order to reduce their visual impact. The scale 24 and bulk of the structures are slight compared to the hospital itself, with a combined 25 building "footprint" less than 25% the size of the existing structure. At the same time, 26 each building has a "footprint" of approximately 2,500 square feet, rendering them Proposed Findings and Conclusions - Page 7 1 comparable in scale and bulk to other structures in the immediate vicinity. (See Exhibit 2 "Remand-2"). 3 • With respect to lot coverage and density as it relates to incidental open space in 4 the neighborhood, the hospital campus, after construction of the offices, will consist of 5 approximately 146,661 square feet of landscaped area or open space, or 51.7% of the 6 total area. This figure is well within the 65% limits for lot coverage in the underlying 7 zone and comparable with lot coverage and density in the surrounding neighborhood 8 which, exclusive of streets, averages approximately 50%. 9 c(2). Availability and Capacity of Public Facilities and Services. The public 10 facilities and services consist of water, sewer, storm sewers, electricity, police and fire 11 protection. All listed services are available to the property. A new fire hydrant is 12 planned as shown on the site plan. Presently, catch basins are located along Maple 13 Street and Chestnut Street and additional catch basins are planned on the building site 14 in order to divert any additional surface run-off to the storm sewer located along Maple 15 Street. 16 Exhibits "Remand-4, 5, 6 and 7" are written communications from the Ashland 17 Public Works Department, the Ashland Electric Department, the Ashland Police 18 Department and the Ashland Fire Department indicating that all of the listed facilities 19 and services are adequate to service the proposed offices without impacting the 20 surrounding neighborhood by reducing services otherwise available to it. 21 c(3). Generation of Traffic and the Capacity of Surrounding Streets. 22 According to the publication Trip Generation, Institute of Transportation 23 Engineers, 4th Ed., 1987, medical offices typically result in traffic at the rate of 34 trips 24 per day for each 1,000 feet of building space. Based upon the square footage of the 25 proposed medical offices this will result in approximately 364 trips per day. However, it 26 is also anticipated that there will be some patients who will enjoy single-trip, 27 simultaneous access to the medical practitioners' offices and the hospital which would Proposed Findings and Conclusions - Page 8 i not be the case if the medical offices were developed elsewhere. Moreover, there will 2 also be some elimination of trips to the hospital by physicians who will be located in the 3. on-campus offices. 4 The applicant anticipates that the majority of trips will occur on Maple Street, off 5 North Main Street (Highway 99). Because access to the additional parking facilities 6 planned for the medical offices will be both through the existing entrance off Maple 7 Street and through new entrances planned off Catalina Drive and Chestnut Street, some 8 additional traffic can be anticipated on both Catalina and Chestnut. Consideration of 9 the traffic impacts must begin with an understanding of the present traffic loads and to patterns and the design classifications of the affected streets. The following table depicts 11 24-hour average daily traffic on the affected streets according to traffic counts complied 12 by the City of Ashland as of January 16, 1991. (See Exhibit"Remand-8). Street 24-Hour Traffic Count Maple Street to Rock Street 2,401 Maple Street to Scenic Drive 2,291 Maple Street to Catalina Drive 2,106 Maple Street to Existing Hospital entrance off Maple 862 Catalina Drive (south of Maple) 488 Catalina Drive (adjacent to proposed parking entrance) 167 Chestnut Street(south of Maple) 302 13 Maple Street is a designated collector street according to the Comprehensive 14 Plan, Map X-1. The Plan text indicates, at page X-2, that collector streets attempt to 15 combine the functions of arterial and local streets and have typical threshold traffic flows 16 of between 800 and 3000 average daily trips (ADT). Even if all of the average daily trips 17 expected to be generated by the proposed medical offices were added to the existing Proposed Findings and Conclusions - Page 9 1 traffic loads on Maple Street, the projected ADT count on Maple, between North Main 2 and Rock Street, the most heavily travelled portion of Maple,would total only 2,765, still 3 well within the design margin for collector streets. Catalina Drive and Chestnut Street 4 are designated as local, or residential streets. According to the Comprehensive Plan, 5 such streets usually have threshold traffic flows of less than 800 ADT. Again, even if a 6 substantial portion of the additional traffic expected to be generated by the proposed 7 offices were to occur on Catalina Drive and Chestnut Street, those streets would be 8 within the limit of traffic flows for local and residential streets. 9 The safe carrying capacities of the affected streets are demonstrated, not by 10 classification and ADT alone, but by accident information as well. During the nine year 11 period from 1981 to 1989, exclusive of the intersection of North Main Street and Maple 12 Street which is discussed below, there was a total of only eight vehicular accidents on 13 Maple Street at the following intersections: Rock Street (0), Scenic Drive (1), Catalina 14 Drive (3) and Chestnut Street (4). Table X-1 and Map X-4 in the Comprehensive Plan 15 indicate much the same experience during the period 1977-1980, when information for 16 the Plan was compiled, and confirm the low rate and number of vehicle accidents on the 17 affected streets. Excluding the intersection of North Main Street and Maple Street 18 (which ranked 23d out of the listed 24 intersections of high accident frequency), none of 19 the streets or intersections likely to be impacted by the medical offices had a significant 20 rate of accident frequency. 21 North Main Street (Highway 99) at its intersection with Maple Street, is 22 maintained by the State of Oregon. According to the most recent studies reported by 23 the Traffic Engineering Section, Highway Division, Oregon Department of 24 Transportation, (Exhibit "Remand-9"), a total of 19,734 vehicles entered the intersection 25 based upon a 16 hour expanded manual classification count factored to a 24 hour 26 volume. Of those vehicles, 2,686, or less than 14%, either entered from Maple Street or 27 entered onto Maple Street from North Main Street. Assuming that all of the additional Proposed Findings and Conclusions - Page 10 1 traffic expected to be generated by the medical offices utilized the intersection, the 2 figures would be raised to 20,107 and 3,080, respectively. Approximately 15% of all of 3 the traffic entering the intersection would then be expected to enter onto or exit from 4 Maple Street. Based upon these figures, no traffic signal at the intersection is warranted. 5 However, the State has planned construction of a left-turn refuge for northbound traffic 6 on North Main turning onto Maple Street. Information provided to the applicant by the 7 Ashland Public Works Department confirms that the project is scheduled to go to bid in 8 February, 1992. 9 As with the local or residential streets, the accident rate at the intersection of 10 North Main and Maple is not unusually high. According to Exhibit 'Remand-9", the 11 minimum warrant for a traffic signal at the intersection would have been 5 preventable 12 accidents during 1988, whereas records indicate there was only 1 such accident. Figures 13 supplied by the City of Ashland show that during the 9 year period 1981 through 1989, 14 there was a total of 39 accidents at the intersection, or somewhat more than 4 accidents 15 per year on average. As noted above, Table X-1 to the Comprehensive Plan shows 16 intersection accidents during the period 1977-1980 and ranked this particular 17 intersection 23 out of 24 listed. 18 c(4). Public Safety and Protection. As indicated by the written communications 19 from the Ashland Police and Fire Departments, the proposed offices will not have any 20 significant impact on public safety delivery systems in the surrounding neighborhood. 21 Pedestrian safety will be enhanced by the construction of sidewalks providing access to 22 the offices along Catalina Drive and Chestnut Street. 23 c(5). Architectural and Aesthetic Compatibility With the Surrounding Area. 24 The architectural design of the proposed offices is discussed in detail in preceding 25 sections. The design and building materials have been selected to blend with the existing 26 hospital structure, by far the most imposing feature of the neighborhood. In addition, 27 the design and styling of the offices will be complimentary with the varied architecture of Proposed Findings and Conclusions - Page 11 i the mixed land uses in the neighborhood as fully depicted in the accompanying 2 photographs. CONCLUSIONS OF LAW Based upon the foregoing Findings of Fact, the applicant submits that the City Council can conclude that (1) the proposed medical offices are in conformance with the Comprehensive Plan as implemented through the ALUO, and (2) that the offices Will be reasonably compatible with and have minimal impact upon the surrounding neighborhood. Dated: March 8, 1991. Ashland Community Hospital,Applicant Proposed Findings and Conclusions - Page 12 r _ PAM• ' (ri"f L✓.�� T , • • �! �low X11 - - . : , � � •A ,- � � �� �� �• ��. � .,, japes. � ��(/��, Im • bray ��•„�;r ,'�I -'/� - kv N ist It NOW Ma MIN io MW Uri v -190 FF w Y� �___I � . row.rc • r� {' ♦i 'h v ••��II �- �1► II ,�l •� `MITI, lip, ,� MWA' " + I//~~• Imo', /► r' ' "► �IIf 7 Own If I-11 ' + .ems—` �•! � . r i a so D - .. UP FF ;��„ -Via.►.'.::. a � - +� • Y �, / %191 � - �� '�*./•,� �+ s I S~ ILL• LC A I r i Jw Ia!'r A / i r EXHIBIT "REMAND-4" CITY O F ASHLAND CITY HALL ASHLAND,OREGON 97520 telephone(code 503)482-3211 March 5, 1991 Water service is currently available in adequate supply to the area at the northeast corner of Catalina Drive and Chestnut Street for the proposed 4-building 10,709 sq. ft. medical offices. A six-inch water line is available in Chestnut Street and a six-inch water line is also available in Catalina Drive. Sewer service is currently available with adequately sized lines serving this area. A sewer line is available in Catalina Drive. Given existing grades and uses in this area, there is adequate capacity available in this line for the 4-building 10,709 sq. ft medical offices. Dennis Bamts Water Quality Superintendent City of Ashland EXHIBIT "REMAND-5" ND ,` °T'',�� -'- CITY HALL CITY OF ASHLA ASHLAND,OREGON 97520 telephone(code 503)482-3211 March 5, 1991 I have reviewed the plans for the proposed medical offices near the comer of Catalina Drive and Chestnut Street. Electrical service is available to this site from existing lines serving the site. I do not foresee any problems is providing electrical service to this site. of Al Williams Director City of Ashland Electric Department EXHIBIT "REMAND-6" C I T Y O F A S H L A N D � ' ` ` "_Rny C I T Y H A L L ASHLAND,OREGON 97520 telephone(code 503)482-3211 March 5, 1991 I have reviewed the plans for the proposed medical offices near the corner of Catalina Drive and Chestnut Street. I do not foresee any public safety problems with the office plans as proposed. �G Vic ively Chief of Police Ashland Police Department EXHIBIT "REMAND-7" CITY OF ASHLAND ._ VMS CITY HALL ASHLAND,OREGON 97520 telephone(code 503)482-3211 March 5, 1991 All streets accessing the proposed medical offices at the northeast corner of Catalina Drive and Chestnut Street are improved City streets, capable of supporting fire apparatus. Access to the site off of Catalina also allows adequate fire apparatus access. Existing hydrants are located near the proposed offices on Catalina Drive and on Chestnut Street. An additional hydrant is proposed near the center of the proposed complex, accessed from the parking area. These hydrants provide adequate water availability to this site for fire protection. All buildings are proposed as single-story structures, thereby not requiring any specialized fire fighting apparatus. Ashland Fire Department '•N - ...-� Mi . I N o .-4. .r OD �My� - �-'1• I CNESTNVT- y. _ t SL ZF .a /r H •. .t it — -� 2i- 1 z y 1 N I��• .SCENIC V"- v t C — — — —pV — — — —troeinct . ify•iT — — — rn ft I _ ` rn w N ' ; _ro _ L ��. j � • 8i � ice. � _ .- 8 7j.y`�_ i � ICCj i y ROCK. STREET sr no 2` 'iC� . -� ♦ . 8 -4t��$ I�w I � •g vi En �i -~ ~ - T • 1 J1 $ r '� .i • tip wt m _ � `ia � r ri EXHIBIT "REMAND-811 ORF -IN DEPARTMENT OF TRANSPORTr°ION HIGHWAY DIVISION.. EXHIBIT TRAFFIC ENGINEERING SECTION "REMAND-9" TRAFFIC SIGNAL WARRANT COMPARISON Location: Rogue Valley Hwy. No . 63 (ORE 99) - MP 18.44 Date: December 4 , 19GS aka Main Street at Maple Street Hourly. Volumes on. Major Street Any 8 Hrs. (Total of Both 1. ; 1132 1241 1317 1328 1255 1560 1526 1367 Approaches) Hourly Volumes on Minor Street Same 8 Hrs. (Highest Hourly 69 67 129 42 47 141 98 104 ' Volume from Either Approach) Hourly Pedestrian Volumes Across Major Street -. Same. 8 Hrs. 0 1 0 1 0 0 0 4 (Highest Volume Crosswalk) Date of Traffic Counts: Se tember 20 22 1969 Minimum Number of. Hours Volume Warrant is Met Warrants Warrant (8 Required ) 1 . Accident Experience: Preventable Accidents . 1988 1 12 Month Period of .Minimum 5-- Warrant _ 2. Minimum Vehicular .Volume: 420 Major Street 2 Minor Street 105 3 - of Continuous Traffic: Major Street Minor Street 53 7 4. Combination of Warrants (At least 2 . of Warrants 1 , 2, or 3 are met using 80% of their values) : 336 'Warrant No . 1 : Major Street 5 Minor Street �84 - Warrant No. 2: Major Street 504 Minor Street 42 8 — Warrant No. 3.: Vehicular Volume 336 Pedestrian Volume 84 —�— TRAFFIC SIGNAL WARRANT COMPARISON Page 2 5. Systems Warrant ( If Applicable): Entering Volume (Weekday Peak Hour ) NOT Minimum -Warrant APPLICABLE 6. Four .Hour Volume: (Attach Graph) SEE ATTACHED .7. -Peak Hour . Delay ' (Any 4 consecutive 15 minute periods) : 1 . Total Delay on. Minor Street NOT Minimum Warrant AVAILABLE 2. Volume on Minor . Street (One Direction Only) 112 Minimum Warrant 100 3. Total Entering . Volume 1611 Minimum Warrant 650 S. Peak Hour Volume: (Attach Graph) SEE ATTACHED �r The hourly warrants are those prescribed in the National Manual on Unifor Traffic Control Devices for. Streets and Highways, 1978 Edition, as revisec standard warrants used.. yes 70% of standard , warrants used due to 85th percentile speed in excess of 40 MPH or isolated community with a population of less than 10,000. COMMENTS Speed Zone - 40 MPH Primary highway, urban, non-freeway. . . City of Ashland - pop . 16010 KDO/TLF OREGON STATE HIGHWAY DIVISION TRAFFIC ENGINEERING SECTION TWENTY-. FOUR HOUR VEHICULAR VOLU ME �J d TQ.I���... %l CIT�IOR COUNTY ./ Sil.%I</- - � _ . Q - 1 ^ DATE .................J....2..Jj�-�................1.�:. ' ERSECTION OF 11`i.l7=tii DAY OF WEEK .lv.��.......:.. .f.�••`(�iit�.. ACTUAL COUNT (VEH.) ......... ........ HRS. HOURS COUNTED ..^loll?.:l� ill.............. .............................................. ............ ..... ............. . A/li/PEDESTRIAN COUNT ...:...f ............. HRS. MILE POST ....1.7�..�I`/.. ..:. .... .. ..................... HOURS COUNTEQ .....L- 1i!•1�.:-/1//•�. .....•• OSSIFICATION ... .li.� �........:...:......... t:%P, �� WEATHER ..............1:..l�..................:. � Na TER NG VEHICLES TOTAL E INTERSEC TION 100 al �I J'�� ENTERING FROM r.-/F . NORTH-9,90UTH 6 1 1 [W ENTERING FROM I ' WEST . O F- P E D. TO ----------- _cZ% o�a � Indicate vi North O D w ,7 W S� W N STREET OR AVE. marks: I � I J-1 ( n 1� :• , rub. 1 o `� I Memorandum March 12, 1991 ORFGO,, Ashland City Council ram: Ashland Historic Commission VARSITY THEATRE SIGN At its meeting on March 6, 1991, the Ashland Historic Commission unanimously recommended approval of the Varsity Theatre sign to the Historic Sign Inventory. The Commission agreed the sign met all the criteria which was set forth in Chapter 18.96.160 of the Ashland Municipal Code. A copy of Chapter 18.96.160 is enclosed for your convenience. Also enclosed are a copy of the March 6, 1991 Historic Commission Minutes, a copy of Kay Atwood's research of the Varsity Theatre for the Ashland Cultural Resource Inventory Survey Form, and a copy of the Historic Sign Inventory Application. CITY OF ASHLAND HISTORIC SIGN INVENTORY APPLICATION Name: VARSITY THEATRE SIGN Location: 166 East Main Street Building Owner: John Schweioer Tenant:—Varsity Tb, a e AshlangfDc. i Signature of Owner: 1. I _ _ DESCRIPTIVE INFORMATI N Z. IlluminationType(s): exposed neon and internal with light bulbs Attachment Method: integrated as part of building structure Materials: plaster, stucco, metal , glass and concrete Approximate Size: 4 feet wide 28 feet tall Shape: art deco/rectangular Legend: theatre Visible Sides/Faces: two Date Installed: 1937 Manufacturer: Unknown Documented: x Estimated: Serviced By: Blaze Signs Medford, Oregon Moved: No Date: N/A Current Condition: Above Average SIGNIFICANCE STATEMENT The Varsity Theatre sign is exemplary of technology, craftsmanship and design of the late 1930' s. It used neon as its means of illumination, and is not significantly altered from its historic period. It will be completely restored to its historic appearance, including marquee, box office and front of building (including tile) . The sign is integrated into the art deco architecture of the building and is exemplary of this historically significant architectural style. Sources: Historic Commission photos - Terry Skibby Ashland Cultural Resource Inventory Survey Form - Kay Atwood Date Approved by City Council: 18 . 96. 160 - Land Use 18 96 160 11istorlc Signs. A- Historic Sign Inventory- The inventory of historically significant signs shall be established by resolution of the City Council. B. Criteria for Designation of Historic Signs. All signs for which designation as a ' Historic Sign are requested shall be substantially: in existence at the time of the application; shall be displayed in their original location; shall be in association with an important event, person, group, or business in the history of the City of Ashland; shall follow a guideline of being in existence for approximately 40 years; and shall meet one of the following criteria: 1. The sign is exemplary, of technology, craftsmanship or design of the period when it was constructed, uses historic sign materials or means of illumination, and is not significantly altered from its historic period.. If the sign has been altered, it must be restorable- to its historic appearance. 2. The sign is integrated into the architecture of the building and . is exemplary of a historically significant architectural style. C. The owner of any sign may request that said sign be reviewed for significance in the Historic Sign Inventory upon written application to .the City Council. Application fees shall be the same as for Type I applications.. Applications shall include written findings addressing the criteria for designation of historic signs, and current and historic photographs of the sign, if available. 1. The Council shall refer all requests for inclusion .on the Historic Sign Inventory to the Historic Commission for review and recommendation in relation to the criteria. The Commission shall make a recommendation to the Council within 30 days of the request. Notice of the Historic Commission meeting shall be mailed to all affected property owners within 100' of the subject property. If a recommendation is not made within 30 days, the request shall be forwarded to the Council without a recommendation. 2. The Council shall, after receiving the recommendation of the Historic Commission or after 30 days; provide notice to all affected property owners within 100' of the subject property of a public hearing before the City Council. 3. The Council shall decide, 'based on the criteria above and the recommendation of the Historic Commission, whether to approve the request to include the sign on the inventory. 4 . Inclusion on the. Historic Sign Inventory shall be by resolution of the Council. 5. The burden of proof shall be on the applicant. 436 Revised Oct_ 1990 18 .96. 160 Land Use D. Signs on the Historic Sign Inventory in any zoning district shall be exempt from the requirements of this Section except Sections 18.96. 110 and 18 .96. 120 (D) . Also, that the sign area of the historic sign is exempted from the total allowable sign Council As defined in this Section, except as modified . by conditions in E. below. E. The City Council shall have the authority to impose conditions in the regulating area, maintenance, etc. on the ose and i tent of this . Historic Sign Inventory to further. the .purP ordinance. F. Removal or demolition of a Historic Sign shall be done under permit and approval of the Staff Advisor. The Historic Commission shall review the permit at their next regularly scheduled meeting and shall have the authority to delay euch delay shall 30 a allow the ys from the date of their review meeting. Commission the opportunity to discuss alternate plans for the sign with the. applicant. G. Signs on the Historic Sign Inventory, which ha God a destroyed or damaged by fire or other calamity, y act of by public enemy to an extent greater than 50%, may be reconstructed in an historically accurate manner. only after d t rminat onsthat the authorized by the City Council, reconstruction will be an accurate. duplication of the historic sign, based on review of r- aesi n. The Historic ommission evidence specifying the historic design review and make recommendations to the City Council on all. such reconstructions. H. Maintenance and Modification of Historic Signs. 1. All parts of the historic sign, including but not limited to neon tubes, incandescent lights and shields, and sign .faces, shall be maintained in a functioning condition as historically intended for the sign. Replacement.of original isibl e components nts with substitutes to retain the original appearanbe permitted provided such replacements accurately reproduce the size, shape, color and finish of the original. Failure to maintain the sign in accord with this section shall be grounds for review of the historic sign designation by the City Council. 2. Modifications of a historic sign may. be allowed, after review by the Historic Commission and approval by the City Council, only if such modifications do not substantially change the historic style, scale, height, type of material or dimensions of the historic sign, and does not result in a sign which does not meet the criteria for designation as. a historic sign. 3: Changes in the location of a historic sign may be allowed, after review by the Historic Commission and approval by. the City Council, only if such locational change does not result in the sign no longer meeting the criteria for designation as a historic sign. (Ord. 2598 , 1990) 416(a) Revised Oct. 1990 ASHLAND CULTURAL RESOURCE INVENTORY SURVEY FORM COUNTY : JACKSON IDENTIFICATION: Hist . Name Varsity Theatre Date of Construction : 1937 Common Name: Varsity Theatre Original Use: Motion Picture Theatre Address : M East Main Street Present Use: Theatre Ashland, Oregon Architect : Clark, Frank/Keeney Robert Owner: Sc weiger, Jo n Builder: Childers, Elmer 166 East Main Street Style: Art Deco/Art Moderne Ashland, Oregon x Bldg. _Struc. _Dist . Obj . T/R/S: 39S lE 9 Ranking: Primary Map No: 9BC Tax Lot : 500 Addition: Original Town Block: _9 Lot : 4 Quad: Ashland THEME: Statewide Inventory of Historic Properties Theme: 8c, _Archaeology _Industry . _Mining _Agriculture _Military Social/Education _Commerce _Politics/Government_Transportation _Exploration and Settlement _Religion Other Entertainment Theatre DESCRIPTION: c i e e Plan Type/Shape: Rectangular No. of Stories : Two Foundation Material: Basement (Y/N) : Roof Form and Material: Flat ; asphalt build-up Wall Construction: Brick ; (see next page) Structural Frame : Masonry Primary Window Type: Plate (exhibit windows) Exterior Surfacing Materials : . Stuccoed concrete facade- tile on lower facade and inside entry Decorative Features: Recessed rectangular wall panels on facad •_clurved layered marquee ; rounded corners on facade o nP s Other: _Double leaf entry doors with glass lights , projecting Perpendicular sign Condition: x Excellent _Good _Fair _ Poor _Moved(Date ) Exterior Alterations/Additions (Dated ). Neon sign converted to letter _ sign Noteworthy Landscape Features : Associated Structures : Known Archaeological Features : Negative No: DT II-10 Recorded By: Atwood. Kay Slide No: Date: 12 April 1989 SHPO Inventory No: 295 SETTING : The Varsity Theatre is located between Pioneer and First Streets on the south side of .East Main Street in Ashland. SIGNIFICANCE: In March 1937 the Ashland Tidings announced that Walter Leverette had purchased the Lithia Hotel on East Main Street and planned construction of a new motion picture theatre in Ashland. By May of that year the same newspaper announced that the X75,000 , 700-seat theatre would constitute the "largest construction project in Ashland for several years . " Leverette whose lease on the Lithia Theatre in Ashland would run out. in the fall of hired the Medford to call his new operation the "New Lithia Theatre." . He hired the Medford granite cornerstone architectural firm of Clark and Keeney and the was laid on July, 17 , 1937 . Elmer Childers was the contractor for the new building which would measure 50' x 125 ' . Walter Leverette, who had opened a real estate office in Ashland in tion between no 1922 , was active in theatre operatheatresainfEugene, and southern Oregon. He had, at various times , Medford, Grants Pass , Yreka, and Weed, in addition to the ones in Ashland. When his new enterprise opened in November 1937 it was sawlthetbuildingtas ansencouraging sign LthatadesperatelyTslow timest� of the Depression were near ltgisnconfidentlyl expected sthat r 1 the Varsity the new theatre, saying: will soon' beco0n November the the people wonderland. " - " had crowded to the theatre to attend the opening show - Ali Baba goes to Town. " The Varsity has remained the center of Ashland moviegoers' activity for over fifty years . Architect Clark, born in New York in 1872, was trained at the Cooper Union and served the architectural offices of Robert Will Gibson, and Stanford White' s himself Clark began a fifty y (cont' d) SOURCES CONSULTED: Ashland Tidin s , March 13 , May 1937 1 : 8; 29 , 1937 1 :8 ; July 15, 1937 : ; Novem er 17 , 1937 ; 1 : Atwood, Kay. Evans , Gail E. H. Frank Clark Inventory, 1982 SIGNIFICANCE : (continued) The Varsity Theatre for which he is noted are the Chappell-Swedenburg, Taverner and E. V. Carter houses in Ashland; the Delroy Getchell House, the Ralph Bardwell House , the Elks Building, South High School Building and Holly Theatre in Medford, and the Central Point Presbyterian Church. Robert Keeney, newly trained, had recently joined Clark' s firm before the Varsity was designed and constructed. The Varsity Theatre is significant to Ashland as an example of the Art Deco Style and for its long association with entertainment in Ashland and the Rogue Valley. It is significant too, as an expression of the development of motion picture theatres in Oregon and the United States -- during a time that they offered comforting escape from the bleak reality of the Depression. Wall Construction: (cont '.d) stuccoed concrete facade ' I SHPO Inventory No. 295 ASHLAND CULTURAL RESOURCE INVENTORY SURVEY FORM Name: Varsity Theatre T/R/S: 39 lE 9 Address : East Main Street Map No Tax Lot : Ashland Oregon Quadrangle : Ashland ( 95 J i i 1 l�__. " Negative No. : DT II-10 Slide No. : o ,r ° 700 ` ..- r. O ..>" f 500 X0 900 201 4 o. 400 0 Graphic and Photo Sources : City of Ashland Topographic Map; Jackson County Assessor Map SHPO Inventory No. : 295 Ashland Historic Commission Minutes March 6, 1991 PA 91-010 'Extension of Previously Approved Site Review and Variance 03, Street Z Rob�t Martindale j Molnar i ormed the Commission this application was originally app�ed in 1989 and this would be th second extension. This is a 7,100 square foot lot. The owner wants to convert the existing lex into one dwelling unit and build a separate�house toward the front of the property. Al ched units require 5,000 square feet for the first .unit and 2,000 square feet for the seconor two detached units, 5,000 yu feet is req uired for each. The extension is a Type I arming action, but was called a public hearing. Molnar said the reasons will becom oot within a couple of because of affordable housing revisions which will most ely be approved by*e City Council soon. Although these revisions will not become eff five immediately he clause which would require 10,000 has been eliminated. Traffic gene tion is the same for attached as it is for detached units. Parking is adequate. When que ionedAbout future division of the property, Molnar assured the Commission it could nol\be'done. When asked about the condition of the of ex, Bob Martindale stated it is remarkably well built. He does not plan to alter the outsid except to seal in the stairway. It was the consensus of/the Commission that though the plans had been previously approved, concerns include window sizes and trim; 'ding and drawings to scale. Chambers moved,tapprove the extension and concept f the project, however, in order to reflect Historic Commission concerns, the following ame@ndments to Section 3 in the Findings, which were adopted by the Planning Commisslon March 13, 1989, were recommended: 4) That a deed restriction be placed on the roperty preventing the construction of a carport addition that could later be enclosed That prior to final building permit approval, architectural plans which are drawn to scal"e submitted, and that these house plans be reviewed and approved by the Historic Commission; and 6) That the applicant comply with the recommendations of the Historic Commission. Bradshaw seconded the motion and it was unanimously passed. PA 91-026 Request for Inclusion on Historic Sign Inventory 166 East Main Street Varsity Theatre Molnar stated this is the first application to go through the process of being placed on the Historic Sign Inventory for Ashland. The main concern is the level of detail in the application. Since this will go before the City Council, it is necessary to establish a 2 ` Ashland Historic Commission Minutes March 6, 1991 foundation for applicants to follow in the future. More facts supporting the criteria are necessary. John Schweiger, owner of the Varsity Theatre, said the neon sign will be fully restored and they have been able to duplicate the color tubes with the original ones. The Commission agreed the neon is historically significant, as the sign architecturally integrates the design of the building. Since Schweiger is completely restoring the front of the building, including the replacement of tiles and 1937 poster cases (which would duplicate the original theater), a percentage of the originality would be missing if the neon were not restored. Although the art deco building is not a common style for Ashland, it was a common style of theaters, of which neon was an integral part. - Schweiger added he has been working with Bill Emerson on the color scheme of the building. Skibby moved and Bradshaw seconded to recommend approval of this application to City Council. The motion was unanimously approved. (Kay's survey of the theater will be attached to the Historic Commission recommendation when sent to Council.) 91-043 Site view 290 Eas ain Street Allen Dresc Molnar explained t ' is another structure on the National Register of Hjs oric Places. The .contractor, Fred Cox, proposed to expose the existing win do above the door and display windows which had en covered up years ago. Cox h ed with James Hamrick (SHPO). The Commission agreed this is a pos 've step in restoration of the original facade and unanimously voted approval of this p 'e th a motion by Skibby and second by Reitinger. BUILDING PERMITS Permits reviewed by ers of the It Commissio nd issued during the month of February follow: Wil d & Judith Brown 165 Almond Rem el/Window/Door Marta Traister 265 Fourth Remode /'Martha Wilhelm 480 Rock Addition 3 ORDINANCE NO. AN ORDINANCE ADDING A NEW CHAPTER 14.09 TO THE ASHLAND MUNICIPAL CODE PROHIBITING THE SALE AND DISTRIBUTION OF CLEANING AGENTS CONTAINING PHOSPHORUS WITHIN THE CITY OF ASHLAND'S CITY LIMITS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 14. 09 shall be added to the Ashland Municipal Code and shall read as follows: "Chapter 14 .09 SEWER SYSTEM--REGULATIONS 14 . 09. 010 A. Phosphate Ban: The Council recognizes its authority and responsibility to plan and provide for control of sewerage, surface . water, and water supply. The Council hereby finds that phosphorus loading of surface waters is currently a serious pollution problem affecting water quality in the Bear Creek Subbasin and threatens future water quality in other surface waters of the region. Phosphate detergents contribute significant phosphorus loading to the treated wastewater released to surface water into Bear Creek. Phosphorous loading has become a pollution problem, and state standards will require additional wastewater treatment facilities at public expense beyond primary and secondary treatment facilities. This Ordinance is enacted to reduce phosphorus pollution at its source to maintain existing water quality and to enhance cost-effective wastewater treatment where phosphorus pollution has been identified as a serious pollution problem by the State of Oregon Environmental Quality Commission. B. Definitions: (a) "Cleaning agent" means any product, including but not limited to soaps and detergents, containing a surfactant as a wetting or dirt emulsifying agent and used primarily for domestic or commercial cleaning purposes, including, but not limited to the cleansing of fabrics, dishes, food utensils, and household and commercial premises. Cleaning agent shall not mean foods, drugs, cosmetics, insecticides, fungicides and rodenticides, or cleaning agents exempt from this Ordinance. (b) "Phosphorus" means elemental phosphorus. (c) "Person" means any person, firm, partnership or corporation. C. Prohibition: No person may sell or distribute for sale within the City of Ashland City Limits, any cleaning agents containing more than 0.5 percent phosphorus by weight except cleaning agents used in automatic dishwashing machines shall not exceed 8.7 percent phosphorus by weight. D. Exemptions: This Ordinance shall not apply to any cleaning agent: (a) Used in dairy, beverage, or food processing equipment. (b) Used as an industrial sanitizer, brightener, acid cleaner, or metal conditioner, including phosphoric acid products or trisodium phosphate. � 1 (c) Used in hospitals, veterinary hospitals or clinics, or health care facilities. (d) Used in agricultural production and the production of electronic components. (e) Used in a commercial laundry for laundry services provided to a hospital or health care facility or for a veterinary hospital or . clinic. (f) Used by industry for metal cleaning or conditioning. (g) Used in any laboratory, including a biological laboratory, research facility, chemical, electronics or engineering laboratory. (h) Used for cleaning hard surfaces, including household cleansers for windows, sinks, counters, stoves, tubs or other food preparation surfaces, and plumbing fixtures. (i) Used as a water softening chemical, antiscale chemical or corrosion inhibitor intended for use in closed systems, such as boilers, air conditioners, cooling towers or hot water systems. (j ) For which the Council determines that imposition of this Ordinance will either: (1) create a significant hardship on the user; or (2) be unreasonable because of the lack of an adequate substitute cleaning agent. E Severability: The provisions of this Ordinance are severable. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application of this Ordinance which can be given without the invalid provision or application. F. Penalty: Any person, firm, or corporation violating any of the provisions of this chapter is, upon conviction there of, punishable as described in Section 1.08.020. SECTION 2 . Effective Date: This Ordinance shall be effective July 1, 1991. " The foregoing ordinance was first read on the 2nd day of January, 1991, and duly PASSED and ADOPTED this 19th day of March, 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of , 1991. Catherine M. Golden Mayor 07%11!91 16:30 TY503 226 7607 LINDSAY HART PDS �-4 ASHLAND PUB ((R 2002 T,LNDSAX, HART, NEIL &.WEIOLER LAwYERs SUITE 1600 222 S.W.COLUMBIA PORTLAND.OREGON 97201-6616 Te EPNONE(503)226-7677 FAx(503)226-7697 TU=494-7032 FEDEBn W 93-1034742. March 13, 1991 tTCA T=COPY MS. Nan, Franklin City Recorder City of Ashland Ashland, Oregon 97520 Dear Ms. Franklin: Enclosed is written testimony submitted on behalf of The Soap & Detergent Association in opposition to the proposed Ashland City Ordinance ban'A phosphate detergents. I would appreciate it- if you could circulate this information to Mayor Golden and Councilors for their consideration prior to the City Council meeting on March 19th. Very truly yours, Paul S. Cosgrove Of Counsel Enclosure . cc: The Soap & Detergent Association PSC�>�1636.1tT U3 13 11)1 16:1U a5117 2"26 76417 LINDSAY HART PUS --- ASHLAND PCB WK 0003 TESTIMONY OF THE SOAP & DETERGENT ASSOCIATION IN OPPOSITION TO CITY OF ASHLAND ORDINANCE BANNING PHOSPHATE LAUNDRY DETERGENTS The Soap & Detergent Association ("SDA" ) is a nationwide trade organization whose members include formulators of phosphate, and non-phosphate, cleaning products and the suppliers of raw materials for both types of products. SDA opposes the City of .Ashland's proposed phosphate laundry detergent ban for the following reasons: I. Water Quality Issues. • A comprehensive review of all research on the effectiveness of phosphate detergent bans, published in Water Resources in 1984 concluded that none of the studies done have found that the elimination of phosphate in detergents has resulted in any measurable improvement to water quality. The recently published report of a task force to Oregon's Department of Environmental Quality, entitled "Phosphorus and Water Quality, " concludes that: "The decrease in phosphorus resulting from a phosphorus laundry detergent ban alone, will not be sufficient to reach the low levels of phosphorus required by the Total Maximum Daily Loads (TMDL) established for three Oregon rivers [including Bear Creek] to date. " Those TMDL standards, lower than any known phosphorus limits in this count will have to be met b other TY. y control methodologies, such as land application of partially treated effluent. • Advocates of a phosphate detergent ban who suggest it wi11 result in improvements to water quality have based their conclusions on assumptions, rather than scientific data. In contrast, a recent scientific study by the Oregon Graduate Center (regarding the excessive algal growth problems in the Tualatin River) concludes that natural background levels of phosphorus may be sufficient to cause the excessive algal growth found in that river; thus, source controls and discharge limits on phosphorus in that basin may have no positive effect on water quality. PSC�1636_[]q� 1i1.1:5-;11 16:11 $503 226 7697 LINDSAY HART PDS --- ASHLAND PUB 1110 0001 II. Economic Issues. • To the extent individual wastewater treatment plants attempt to meet phosphate THDLs through chemical removal of phosphorus, there may be some savings in chemical treatment and handling of sludge. "Phosphorus and Water Quality, " February, 1991, Report of a task force to the Oregon Department of Environmental Quality. • However, to the extent wastewater treatment authorities do not remove phosphorus through chemical treatment (and only two Plants, both in Washington County, Oregon, do so currently) there is no potential for savings from a phosphorus detergent ban. • Phosphate need not be removed if partially treated wastewater effluent is applied to land; phosphorus is a beneficial nutrient for growing plants on land. • Consumer cost and product effectiveness data independently compiled by Consumer Reports and published in its February, 1991, issue, shows that the most effective non-phosphate brands cost an average of 22% more per wash load than the most effective phosphate brands. III. Public Education Issues • Ashland consumers now have a wide choice of laundry detergents, many of which do not contain phosphates. • Eliminating consumer choice through a ban does not increase consumer awareness of the difficult water quality issues faced by the City of Ashland. • Dr. Benno Warkentin, Chair of the task force that wrote "Phosphorus and Water Quality" for Oregon's Department Of Environmental Quality, told the Environmental Quality Commission that a phosphate laundry detergent ban "may lull consumers into believing [the] problem is solved. " A ban may decrease, rather than increase, consumer knowledge regarding water quality issues. PSC�cn1636.doe Ifl y� League o.: women voteas of asi�Lan� oae9on P.O. Box 1296 Ashland, Oregon 97520 February 5, 1991 Mayor and City, Council of Ashland 20 E. Main St. Ashland, OR 97520 Mayor and City Council of Ashland: if s The Ashland Gazette Jan/Feb 191 issue on pages land 6 addres/ the subject of phosphates in detergents used for laundry and dishwasher applications. The League of' Women Voters of Ashland would like to reiterate its strong support of a phosphorus ban as adopted by the Council on Jan. 2, 1991 . In an effort to make the Council reconsider its r_revious decision, Mr. Paul Cosgrove, an attorney representing the Soap and Detergent Association, states that the harm done by a ban of phosphates to the soap industry is not offset by any gains to the city of Ashland cr its citizens. He does not address the fact that between now and the com-Iletion of the facilities to satisfy DEQ compliance, i.e. 1994 or beyond, the phosphate concentration of the Ashland sewage effluent can be reduced by between 30 and 50`"% by virtue of a phosphate ban, thereby effecting a considerable improvement during this 3 to 4 year period. Experts in the field of surface water purification halge agreed that be- cause phosphates are such a strong plant nutrient it causes excessive algae growth in streams and lakes, derleting them of oxygen during spring through fall periods. As a result twelve states of the Union have com- pletely banned phosphorus in detergents. (See pages 105-6, Feb. 1991, tICohsumer Report" attached.) The League therefmre urges the City. Courcil to maintain its previously adopted position and make a phosphate ban effective July 1 ,1991 . Respectfully, Anna E. Hirst, Fresident UeIVA Klass Van de Pol, Chair of Sewage Treatment Committee, U,XA r ``'t 6.><Lr+ 1 ��a-lsz•.gv.'r� "� t£�"o`'�S h r a.'�Y a.1'(Y.. fY jea 4� � �t 4 .n T CLEANER FASTEN GREENER . he washer fills up,you add shone especially in brightening obit- When X the laundry products of ity and removal of tea, grape juice, America's your choice,they foam up. ,1 and grass stains. k Time passes.You pull out On other stains, though, the two millions do clean clothes; the wash water floats a A types were about equal. Many he wash away—somewhere. After you've nonphosphorus products worked t , are done that often enough, you have almost as well as the best phospho- they doing empty cartons, boxes, bottles, or Phosphorus is the element in the rus ones and significantly better than the Janet cans. They go into a garbage truck phosphate compound that causes the worst e In the nonphosphorus cat- p and are driven away—somewhere. problems, and detergents aren't the egory, Tide With Bleach and Tide any favors? That's all most people know, or only source of phosphorus in surface powder ranked highest. want to know, about the waste prod- water. Runoff from roads and fertil- Even in areas that haven't banned ucts of laundering. What happens, ized land,human and animal wastes, phosphorus detergents, choosing a though, to that water and those con- phosphate mining, and soil erosion nonphosphorus product may bene- tainers? Here, a primer on the envi- also contribute.Characteristics of the fit the environment. You can deter- ronmental ramifications of doing the surface water itself—depth,tempera- mine whether that's so where you wash. ture, flow rate, and the amount of live by contacting your state water- PHOSPHATES:GOOD OR BAD? sunshine it receives an affect algal quality agency (usually a division of growth. the state department of environ- Phosphates enhance the perfor- With so many sources of phospho- mental protection). Ask if eutrophi- mance of the cleaning agents in rus pollution, it makes sense to con- cation is a local problem and detergents by softening water, dis- trol those that are controllable. So, whether your household's waste persing dirt, and emulsifying greasy since the early 1970s, various parts water empties into a body of water soils. They're especially useful in of the U.S.have banned or restricted that is considered at risk. hard water because they prevent min- detergents that contain phosphorus. erals from resettling on clothing in Today,such detergents are unavail- BIODEGRADABLE? the form of a grimy curd.No alterna- able in some 30 percent of the coun- Most detergents claim—in small five cleaning agents are as versatile, try. State bans exist in Delaware, print—that their cleaning agents effective,and inexpensive. Georgia, Indiana, Maryland, Michi- (surfactants and enzymes) are bio- Detergent phosphates, however, gan, Minnesota, New York, North degradable. Two so-called green have taken the rap for spurring the Carolina,Pennsylvania,Vermont,Vir. brands, however, make biodegrad- growth of algae,which can eventually ginia, and Wisconsin. County or city ability and natural ingredients key transform a lake into a bog in a pro- bans exist in seven other states. selling points.Ecover products, man- cess known as eutrophication.Exces Phosphorus in detergent is limited, sive growth of algae is not simply an but not outlawed, in Connecticut eyesore; in great enough amounts, Florida, and Maine. Bans are being PHOSPHORUS t c t algae can make water unsuitable for considered in Massachusetts, New Comparison of the overall laundering scores of swbrumng, boating, fishing, and Jersey,and South Carolina. detergent brandmates. drinking. To market their products all over o zo 40 so so trio the map, manufacturers often make phosphorus and nonphosphorus ver- sions of the same powder brand Cheer With Color Guard PHOSPHORUS CONTENT 7# (phosphates aren't soluble or stable d the code stamped into the bottom enough to be used in liquid deter- Fab 1 Shot With Softener t ' oidthis box xleac ins srmith V,this hs R gents).Then they sell each where it's less than 0.5% phosphorus li [ allowed. You can find out the hos } weight,which is equivalent to 0.5 p Fab with Softener wl, grams per I cup use level. II the phorus content of the detergent on " code begins with"L7. this ide With Bleach formula wages 5.1°/o your store's shelves by searching for phosphorus in the form of phos-• the phosphorus statement on the Fresh Start Concentrated _--1 1 v.,,..,.14 } *° phates.which is equivalent to 55 grams per 1 cup use level. It the F label. It will tell you the content or 9 - teat begins with"P',this Tide p` Illt you t0 a tin C -r With Bleach formula averages 6115 01a y y ode that will Ozydol With Bleach ` phosphorus in the form of phos— reveal the information. phates,wMCh 15 equivalent to 7.0 gams per t cup use level. t The phosphorus detergents we .. } s tested contained from 5 to 17.5 per- fide l :. .,. cent phosphorus by weight When we compared phosphorus and Tide with Bleach Look here The side of a box nonphosphorus versions of the same brand, the phosphorus versions I { of Tide directs you to a matched or outperformed their part- Unscented Tide code on the box's bottom. It ners in overall laundering. (See the Phosphorus --Nonphosphorus reveals phosphorus content. graph at right.) Phosphorus products CONSUMER REPORTS FEBRUARY 1991 105 I j. V Q O 0 Stain removal eN �e a oe 1 4° .e� r°aJ Qoa °e� t1� It k10 Ij laundering OCq�o`e e°JVaeQo SQe� a VaOya t°O 10 OPredua EA © 0 0 20 60 60 100 LO Thosphorua 1 Tide With Bleach P 6.5% 354 1 0 e O O e e O e B.K New System Surf P 9.4 24 ♦ e 0 e C O e e e O,J.K Fab Ultra P 17.50 34 ♦ e O e 0 0 e e e e B,E.I,L Fresh Start Concentrated P 1-7.5 28 1 e O O O O e e e e IN Tide P 6.6 29 r C C e e 0 e e e O B . Unscented Tide P 6.6 28 O O a e O c e e e e,ll Wick Power Scoop P 12.1 36 ..• O C t3 C O e e e e B,E,I,K,L Cheer w.Color Guard P 6.4 27 • O C e f5 O e e 0 O C.J Ultra Tide P 8.7 38 ♦ O 0 e e O pS e 013 O B,E,J,L Clorox w.Bleach P 5.0 42 ♦ e ® e e O O e 8 • B,G,I,K Fab w.Softener P 6.3 22 O O e O O e O Q e C.G.J Oxydol w.Bleach P 5.8 45 e O 0 e 0 0 0 Q e C.G,J Fab 1 Shot w.Softener PK 15.5 64 t • e e 0 0 e e • O Nonphosphorus' s, �fi ;'-: Tide w.Bleach P — 35 c O O e 0 0 e e 0 O B,K,M Tide P — 29 h O 0 t% e O �k O B,M New System Surf L — 43 O O e O O e 0 e 0 I.K Advanced Action Wisk L — 42 1 e 0 0 0 O e O e 0 1 Tide L — 47 O O e 0 0 0 0 e e 1 Fresh Start Concentrated P — 31 e O e O O e e Q • I,M,N Unscented Tide P — 28 c Q O e e 0 e e Q O B,H,M O:ydol w.Bleach P — 34 r O 0 C e O 3 e Q • C.G,J,M Cheer w.Color Guard L — 51 Q O e 0 0 0 0 6 e l Shaklee Basic L P — 38 t O e e 0 0 e 8 • • C,G,H.J (Bold w.Softener P — 30 1 Q O e O O e O Q • C.J.M [Cheer w.Color Guard P 27 Q O O C O C O C • c,J,M Era L — 50 f O O O Q O O Q Q O G.H,1 Fab w.Softener P — 24 _ - - .t O e e e O O Q • • C.G,J,M [All L — 30 ♦ Q O O O O O O • • G,I,K Cheerfres L — 53 } Q e O Q O O Q • e G.H,I RinfO P 16 Q O O O O O O • • C.G.J,K,M f All Concentrated P — 44 O ® O O O • Q • • C.G.J,K,M [Pura: P 20 O C 0 0 0 • Q • • C,G,J Shaklee L — 46 a lei • Q O • • • O A.G,H,J [Ecover laundry Powder P — 94 • O e O O O O • • D.G,H.J Fab 1 Shot w.Softener PK — 69 • O Z" O O O O • • . M Soars Plus Con<.w.Softener P — za Q O O O O • O • • E,G,J,M Etover liquid L — 51 ! • O • O O O Q • • F,G.H,J Arm&Hammer P — 21 ♦ Q O O O O • Q • • C.G.J,M Yes w.Softener L — 30 ♦ Q O • Q O • • • O A,H,J.K Dynamo Z L — 37 r 0 0 • Q O • • • • I Sears Plus Concentrated L — 30 ♦ O O • Q O • • • • G.J Solo w.Softener L — 39 • O • Q O • Q • • 1 O Manufacturer claims actualcontent averages less than stated percentage. CONSUMER REPORTS FEBRUARY 1991 103 i ASHLAND CITY COUNCIL ASHLAND CITY HALL ASHLAND OR 97520 JANUARY 23, 1991 WRITTEN TESTIMONY IN RE PHOSPHATE BAN PHOSPHATES KILLED THE GREAT LAKES. TOXIC CHEMICAL POLLUTION OF THE GREAT LAKES IN THE POST-WWII ERA CREATED AN ECOSYSTEM IN WHICH THE FISH WERE UNFIT TO EAT. PHOSPHATE DETERGENTS, HOWEVER, CAUSED EUTROPHICATION OF THE LAKES AND KILLED OFF MOST OF THE INDIGINOUS FISH POPULATION. ANY CLAIM BY THE PHOSPHATE DETERGENT INDUSTRY THAT THE INTRODUCTION OF EXCESSIVE NUTRIENTS INTO A WATER SOURCE IS NOT POLLUTION MUST BE TAKEN AS FICTION. ANYONE WALKING ALONG BEAR CREEK ABOVE AND BELOW OUR WASTEWATER TREATMENT FACILITY CAN NOTICE A MARKED INCREASE IN ALGAE GROWTH ON ROCKS IN THE SHALLOWS IN THE DOWNSTREAM AREAS. WE NEED TO REDUCE OUR PHOSPHATE LEVELS_ THE DEQ REQUIRES US TO DO S0. IF THE PHOSPHATE DETERGENT INDUSTRY WISHES TO CONTINUE TO SELL PHOSPHATE DETERGENTS IN ASHLAND THEN LET THEM BUILD US A TERTIARY WASTEWATE TREATMENT PLANT. IF THEY DO SO I WILL BE GLAD TO END MY SUPPORT FOR A PHOSPHATE BAN. UNTIL SUCH A PLANT IS IN OPERATION, HOWEVER, WE MUST REDUCE THE INTRODUCTION OF PHOSPHATES INTO BEAR CREEK BY OTHER MEANS. A PHOSPHATE BAN IS THE LEAST COSTLY AND MOST IMMEDIATELY IMPLEMENTABLE ACTION OPEN TO THE COUNCIL AT THIS TIME. IF THE COUNCIL IS TO TAKE ANY ACTION OTHER THAN PASSAGE OF THE PROPOSED ORDINANCE AS WRITTEN, I WOULD HOPE IT WOULD BE TO STRENGTHEN THE BAN BY LOWERING THE EXEMPTION LEVEL OF AUTOMATIC DISHWASHING DETERGENTS. THE 8.7% EXEMPTION LEVEL FOR AUTOMATIC DISHWASHING DETERGENTS PERMITS THE SALE OF VIRTUALLY ALL BRANDS ON THE LOCAL MARKET. A LEVEL OF 8% WOULD TAKE ONLY 3 OF THE 9 MAJOR BRANDS READILY AVAILABLE LOCALLY OFF THE MARKET. SUCH AN ACTION WOULD SHOW THAT WE ARE COMMITTED TO REDUCING PHOSPHATES FROM ALL SOURCES AND WDULD SEND A MEESSAGE TO THE STATE LEGISLATURE THAT ANY STATE BAN MUST ADDRESS ALL DETERGENT SOURCES OF PHOSPHATE- BANE COEFER P.O. BOX 396 / 860 'C' STREET ASHLAND OR 97520 Ashland, OR January 23, 1991 Dear City Council : You might be interested to know that we lived through the period when the State of Maryland went from full phosphates to no phosphates, and it was very easy. No stress, no strain, almost no problems with laundry stains. Our only problem was surviving the well -financed year-long campaign from the detergent manufacturers. But we survived very nicely indeed. We hope that Ashland is well embarked on this worthwhile program. Sincerely, i Virginia Lemon 332 Hargadine St. Ashland MFO U OREGON ^lo, OFFICE OF THE MAYOR CITY OF MEDFORD -VW TELEPHONE(503) 7704432 411 WEST 8TH STREET "••✓ MEDFORD, OREGON 97501 M[o DS Slam Cm. ALBA, ITALY January 23, 1991 Fred Hansen, Director Department of Environmental Quality 811 SW Sixth Avenue Portland, OR 97204-1390 Dear Mr. Hansen: The Medford City Council at their regular meeting of January 17, 1991, unanimously voted to support a statewide ban on detergents containing phosphates. The 65th Legislature requested an . investigation of the relationship between phosphates in laundry detergent products and phosphorus related pollution problems on waters of the state. The findings of this investigation are to be reported by a task force formed to study this issue at the 66th Legislative Session.. Several Association of Oregon Sewerage Agency member agencies are under phosphorus Total Maximum Daily Load compliance schedules. Compliance with these removal requirements will demand capital expenditures and long term commitments to increased operational and chemical costs. It is also possible that as many as eleven other water bodies may be placed on TMDL compliance schedules due to phosphorus based water quality problems. Existing data from other states indicates as much as a 50% reduction in influent waste stream phosphorus is achievable by banning phosphate detergents. This reduction results in less phosphorus to be removed by those plants practicing removal ; and much less phosphorus is passed through at plants not removing phosphorus. Preventing unnecessary introduction of phosphorus is primary in protecting all waters in the state. Medford, as an AOSA member city, supports your recommendation of a ban on laundry detergents containing phosphorus. This action, coupled with adoption of best management practices for control of nonpoint source nutrient pollution, will result in a responsible approach to protecting waters of the state. Sincerely, ry 5.` i mann Mayor cw Juniper Ridge Press PO Box 338, Ashland, OR 97520-0012 (503) 482-9585 and (800) 869-7342 Shipping: 1206 Linda Avenue Ashland, OR 9 752 0-3550 January 21, 1991 Dear City Council, The fewer phosphates in our water, the better. None is best of all! Sincerely, Rosana & Kelly Hart Here's good news: The only good news I could find L 7 this.week was that our city has �a-et 1 banned phosphates..The Decem- ber City of Ashland Newsletter of- fered a list of products and:there are many laundry detergents and bleaches which have 0% phos- phate. The.Problem seems to.be. automatic dishwasher detergents. Not anymorel We..were able to find a product called Kleer 11, a "cruelty free" concentrated gel with 0% phosphate. Probably. other stores carry it,but we found it at Fred Meyer's for$1.91 fora 32 oz. bottle, an amount which translates into 32 dishwasher loads. This product is distributed by Golden Lotus, P.O. Box'721, Englewood, CO 80151 . .Telephone: (303) 761-0174. If everyone spreads the word, we can really turn the phosphate problem around — without having to give up a true time- saving appliance. Julia Tucker 361 Scenic Dr. Ashland Lr d>��� �. f2t S•�•1 155 S. Second Street P.O. Box 3275 Council of Governments Central Point, OR 97502 503-664-6674 ) J.. January 24, 1991 ; 2 t99t Steve Hall { r Public Works Director City Hall 20 East Main Street Ashland, OR 97520 Dear Steve : I understand the Ashland City Council is receiving written input on the proposed phosphate soap ban. As Water Quality Coordinator , I totally support adoption of measures to reduce phosphates entering Bear Creek. You are already aware improving bacteria levels has resulted in nutrients now being the highest priority water quality concern in Bear Creek. The Department of Environmental Quality (DEQ) has declared Bear Creek to be a "water quality limited stream" due to excessive nutrient levels , primarily phosphates. The City of Ashland has already shown its concern about this problem by taking the lead in area—wide planning for nutrient reduction investigations . However , the planning involved is complex and will take time. In the meantime , the problem remains , complicated by low drought induced flows in Bear. Creek. .Ashland ' s sensitive location, in the upper end of Bear Creek, deserves whatever extra attention can be applied. Brown and Caldwell, the engineering firm hired to review Ashland' s solution alternatives , has stated on several occasions that a phosphate soap ban typically reduces phosphate concentrations in treatment plant outflows by approximately 30%. This is a significant reduction achievable' at relatively low cost compared to the type of complex treatment plant technology needed to accomplish the degree of reduction required by DEQ. In addition, I strongly believe that involving many people in our water quality improvement efforts is a good thing both in terms of public awareness and in ownership of our environment. r1�n PRINTED ON RECYCLED PAPER. To that end the RVCOG Water Quality Advisory Committee not only endorsed Ashland ' s phosphate soap ban- proposal, but also asked the RVCOG Board to consider a similar region-wide ban with their respective councils . A memo to that effect is attached for your information. The RVCOG Board at its January 23 meeting agreed to carry this information and request back to their councils . I expect further discussions in the future. If there is anything I can do in support of the City in this , regard , please let me know. Sincerely, Eric Dittmer Water Quality Coordinator ED :tm (WQ12) PHOSPHAT.SH MEMORANDUM DATE: January 10, 1991 . TO : RVCOG Board FROM: RVCOG Water Quality Advisory Committee SUBJECT: Phosphate Soap Ban Recommendation: The RVCOG Water Quality Advisory Committee (WQAC) recommends that the RVCOG Board 1) support the concept of a phosphate soap ban in Jackson and Josephine Counties and 2) that each RVCOG Board member discuss with their respective political bodies particular actions appropriate to take in implementing a fair and consistent ban in Jackson and Josephine Counties. Background Phosphate is one of several key "nutrient" components being addressed in ever increasing water quality standards for Rogue River and Bear Creek. In fact, excessive nutrients are the major reason Bear Creek was declared a "Water Quality limited stream" by DEQ . Point source- dischargers to Bear Creek (and the Rogue River) face major new requirements to meet lower phosphate limits. Phosphate .and other nutrients such as nitrate and any biochemical oxygen demand (BOD) are very difficult and costly to remove once in water. It would appear much more logical to prevent phosphate contamination in waste water in the first place. The City of Ashland, recognizing its particularly sensitive location on upper Bear Creek and high level of phosphate in its treatment plant effluent, is undertaking detailed investigation of sewage handling alternatives . In addition, the City has initiated a phosphate soap ban patterned after the efforts by METRO in the Tualatin Basin (see attached ordinance) . Clearly such a ban would be more effective if it were county or even region—wide. The COG provides an ideal mechanism to promote both a ban and its consistent implementation. 1 There are drawbacks . Phosphate acts as a softening agent, aiding in cleaning action, so public education will help explain the need for the program and the availability of low phosphate soaps (see attached list developed in Ashland) . Also, should local waste water management agencies select a land application alternative instead of continued stream discharge , then there would be less immediate water quality benefit (remember, however , the use of soaps for washing cars etc . that end up in streams via storm drains is significant) . Enforcement would likely be on a complaint basis. The RVCOG WQAC considered these factors and voted to ask RVCOG to support adoption of a phosphate soap ban for the following reasons : 1) a ban would reduce phosphates in waste water by approximately 30%, thus improving water quality and stream habitat ; 2) such a ban is more cost effective than treating the phosphates at an upgraded treatment plant; 3) a ban involves many people who could feel they were contributing to a better environment; 4) a pro—active ban in Jackson and Josephine Counties would help the State legislative in developing a statewide ban (now under consideration) ; 5) the region would be working together on a project of mutual interest and benefit as well as supporting Ashland ' s lead. . cc: Steve Hall, Ashland Bob Baumgartner , DEQ WQAC (WQ12) PHOSPHAT.BAN 2 MEMORANDUM DATE: February 4, 1991 TO : General Purpose Governments, Jackson and Josephine Counties FROM: Eric Dittmer, Water Quality Coordinator CrcW SUBJECT: Background Material - Phosphate Soap Ban Background Phosphate is one of several key "nutrient" components being addressed in ever increasing water quality standards for Rogue River and Bear Creek. ' In fact, excessive nutrients are the major reason Bear Creek was declared a "Water Quality limited stream" by DEQ. Point source dischargers to Bear Creek (and the Rogue River) face major new requirements to meet lower phosphate limits . Phosphate and other nutrients such as nitrate and any biochemical oxygen demand (BOD) are very . difficult and costly to remove once in water. It would appear much more logical to prevent phosphate contamination in waste water in the first place. Preliminary DEQ information on phosphates is attached. The City of Ashland, recognizing its particularly sensitive location on upper Bear Creek and high level of phosphate in its treatment plant effluent, is undertaking detailed investigation of sewage handling alternatives. In addition, the City has initiated a phosphate soap ban patterned after the efforts by METRO in the Tualatin Basin (see attached ordinance) . Clearly such a ban would be more effective if it were county or even region-wide. The COG provides an ideal mechanism to promote both a ban and its consistent implementation. There are drawbacks . Phosphate acts as a softening agent, aiding in cleaning action, so public education will help explain the need for the program and the availability of low phosphate soaps (see attached list developed in Ashland) . Also, should local waste water management agencies select a land application alternative instead of continued stream discharge , then there would be less immediate water quality benefit (remember, however , the use of 1 soaps for washing cars etc . that end up in streams via storm drains is significant) . Enforcement would likely be on a complaint basis. A letter from the Soap and Detergent Association is also enclosed. The RVCOG Water Quality Advisory Committee (WQAC) considered these factors and voted to ask RVCOG to support adoption of a phosphate soap ban for the following reasons.: 1) a ban would reduce phosphates in waste water by approximately 30% , thus improving water quality and stream habitat; 2) such a ban is more cost effective than treating the phosphates at an upgraded treatment plant; 3) a ban involves many people who could feel they were contributing to a better environment; 4) a pro—active ban in Jackson and Josephine Counties would help the State legislative in developing a statewide ban (now under consideration) ; 5) the region would be working together on a project of mutual interest and benefit as well as supporting Ashland ' s lead. 6) low phosphate soaps are now readily available (see attached list) . On January 23, 1991 , the RVCOG Board agreed to carry this material back to their respective Boards and Councils. ALTERNATIVES • Public agencies considering this issue have several options : 1) take no action at this time; wait for the State action 2) adopt a resolution of support for the concept of reducing use of high phosphate soaps which could include encouraging voluntary public reductions in use of such soaps and supporting the State level efforts 3) adopt a phosphate soap ban similar to that considered in Ashland (draft ordinance attached) . Drawbacks to waiting for State level action include time required and the fact that most areas in the State do not have a phosphate problem. If you have any questions , please feel free to contact me at RVCOG cc: _ Steve Hall, Ashland Bob Baumgartner , DEQ WQAC Soap and Detergent Association (WQ12) PHOSP.HAT.BAN 2 STAFF REPORT FINDINGS OF REGION-WIDE PHOSPHATE DETERGENT BAN STUDY FOR CONSIDERATION BY THE INTERGOVERNMENTAL RELATIONS COMMITTEE May 22, 1990 . Presented by: Jim Morgan EXECUTIVE SUMMARY 1. Phosphorus is a naturally occurring element, when in excess, can cause degradation of water quality, principally through 'the stimulation of nuisance growth of algae. Phosphorus is considered the principal nutrient limiting growth of algae in freshwater bodies. 2. Because point sources (i.e. wastewater treatment plants) of phosphorus contribute the majority of phosphorus to regional waters, managing phosphorus at the point sources is an effective means to lower phosphorus levels in regional waters. 3. Laundry detergents containing phosphates are a significant source of phosphorus to wastewater treatment plants. 4. Banning detergents containing phosphates by 12 states and four regions has resulted in a 22%-608 reduction in phosphorus . coming into their wastewater treatment plants, with similar reduction in discharges to the receiving waters. 5. Significant reduction in the use of chemicals to remove phosphorus . has been observed in states where phosphate detergents have been banned. 6. In the Tualatin River basin, the cost savings in chemical use and processing expected as a result of a phosphate detergent ban is $390,000/year in 1995 dollars, assuming a 30% reduction in phosphorus coming into the wastewater treatment plants. 7. ' In the Willamette River, the expected 308 reduction in phosphorus loading from wastewater treatment plants, as a result of a phosphate detergent ban, will help improve water quality, given that 808 of the biologically-available phosphorus during low flow periods come from these plants. 8. A phosphate detergent ban will reduce phosphorus loading to regional waters during combined sewer overflow events. This may be of particular significance in the Columbia Slough. 9 . Staff recommends banning the sale and distribution of laundry detergents containing phosphates within the Metropolitan Service District. s LINDSAY. HART, NEIL &. WEIGLER FEB.. LAWYERS S.,C 1600 _ 11 222 S.W.COLLNaIn PORTLAND.OREGON 97201-6616 TELEPHONE(503)2267677 FAx(503)2267697 TELEI 999-7032 FEDERAL ID 93.1014712. V January 14 , 1991 VIA FEDERAL EXPRESS The Honorable Catherine Golden Mayor, City of Ashland 20 E. Main Street Ashland, .OR' 97520 Re: City of Ashland Ordinance No. _ Banning Certain 1 Phosphate Cleaning Products I Dear Mayor Golden: I z represent The Soap & Detergent Association (SDA) , a nationwide trade association. representing manufacturers of consumer and commercial cleaning products, both phosphate and non-phosphate, and the suppliers of raw materials for both kinds of products. SDA is seeking an opportunity to present information at the City Council meeting on January 15, 1991, in opposition to the City of Ashland .Ordinance banning certain phosphate cleaning products. I understand the ordinance was approved by the City Council on its first reading on January 2, 1991,. and that the second reading is scheduled for the 'evening of January 15. Enclosed is 'a fact sheet about phosphorus, nutrients, algal growth and phosphate cleaning products. I£ you have any questions regarding the enclosed, or other issues related to the Ordinance, I would be happy to discuss them. with you before or during the City Council meeting on January 15. SDA recognizes that the City of Ashland, and several other municipalities in Oregon; are facing extraordinarily strict regulation of the'discharges from their wastewater treatment plants, including phosphorus discharge limits that are amongst the lowest in the nation. However, regardless of how appealing it appears, a phosphate detergent ban will not eliminate the need for significant (and expensive) . changes' at:Ashland's WWTP, whether those changes include tertiary treatment, discharge I through Bear Creek Valley Sanitary Aut hority's plant, or land 4 application. SDA hopes that you will agree that bans on sale of its members' phosphate laundry detergents, and the harm thereby caused to the industry, is not offset by any gain to the City of Ashland or its citizens. I look forward to, meeting you January 15th. Very�t my yours, 411 6 ALcc Paul S. Cosgrove Enclosure cc: Brian L. Almquist, City Administrator (w/encl. ) FACT SHEET: PHOSPHORUS, NUTRIENTS, ALGAL GROWTH AND PHOSPHATE CLEANING PRODUCTS PHOSPHORUS • Phosphate (the naturally occurring form of elemental phosphorus) is a nutrient, vital to human, animal and plant life. It is one of the most common substances in our environment, naturally occurring in our food, our water, our bodies, and in human and animal waste. • A certain amount of phosphorus is absolutely essential to a healthy environment in every stream and lake. Without phosphorus, streams and. lakes would not produce the plant life on which fish depend for their survival. NUTRIENTS • Phosphorus is a nutrient, not a pollutant. Phosphorus is not like toxic substances, where the goal is to reduce or eliminate the substance from our environment. EXCESSIVE ALGAL GROWTH • Phosphorus is only a problem in certain water bodies where it and other nutrients (especially nitrogen) are present in such abundance that too much plant growth (algae or periphyton) occurs. • Although DEQ has ordered control of phosphorus discharges in Bear Creek, in fact nitrogen, not phosphorus, is the nutrient controlling the growth of algae and periphyton in the portion of Bear Creek below Ashland's WWTP. WATER OUALITY • Reducing the amount of phosphorus that enters Ashland's WWTP will not have any effect on the water quality in Bear Creek. If DEQ is correct that reductions of phosphorus discharged into Bear Creek (by Ashland's WWTP and other sources) will reduce excessive algal growth (and on this. issue DEQ agrees the evidence is not clear) , reductions would have to be massive, many times more than the amount of phosphorus entering the WWTP from laundry detergents. • It does not appear that high-level tertiary treatment at Ashland's WWTP will be sufficient to meet DEQ's requirements. Instead, WWTP effluent will have to be discharged through a regional system or applied to land in order to meet DEQ's standards for Bear Creek. Neither of 1 — FACT SHEET Pecs=1530.d� these treatment alternatives will be effected by source controls on phosphorus. PHOSPHATE DETERGENTS • Phosphate, or one of several chemical substitutes, is a necessary component in every detergent and cleaning agent. Where especially high standards of cleanliness are required, phosphate is the most effective ingredient. • Consumers already have a. choice among many phosphate and non-phosphate home laundry detergents. All liquid home laundry detergents are non-phosphate. Many powdered home laundry detergents .are non-phosphate. Together, liquid and powdered non-phosphate home laundry detergents are used by about two-thirds of consumers nationwide (in areas with no phosphate laundry detergent ban) . • Education of consumers about real solutions to water quality programs, not product bans, is the best solution. 2 - FACT SHEET PSC\.1930.doa CITY OF ASHLAND F� CITY HALL ASHLAND,OREGON 97520 telephone(code 503)482-3211 LOU PHOSPHATE BUYER'S GUIDE Phosphate Free Liquid Laundry Detergents Yes, Cheer Free, Dash, Purex, Ivory Snow, Wisk, Surf, Bold,, Era, ALL, Arm & Hammer, Tide 2 Low Phosphate Concentrated Laundry Detergents �O O% Ivory Snow, White King; V Sun, Par, Purex, Woolite / .2S% Arm 5 Hammer' .5% ALL, Cold Power, Ajax High Phosphate Concentrated Laundry Detergents D 3.9% Dash 5% Clorox, C-20 S_8% Oxydol 6% Cheer n 6. 1% Thrifty O 6.3% Fab 6.S% Tide with Bleach . 6.6% to 9.8% Tide Z z 9% White Magic 9.1% gold - M 9.S% Surf z +� 13.9% Fab 1 Shot (packaged in plastic trays) c L a 19.S% Fresh Start (packaged in plastic bottles) Phosphate Free Bleach z Snowy Fabric. Dry Bleach, Vivid Fabric Safe Bleach, Purex, Clorox, Purex Dry Bleach, Sorateem, Arm b Hammer Dry Bleach, O Clorox 2 Dry Bleach Hiph- Phosphate Bleach ' 19.2% Biz Bleach (only bleach with phosphates) i J Automatic Dishwasher Detergents J 4% Sunlight Liquid O S.9% Cascade Liquid 6. 1% ALL, Sunlight 6.3% Palmolive Liquid 9.1% Electrasol 6.1% Cascade' 6.3% Lemon Cascade B.9% White Magic Survey conducted by the. SOSC Recycling Project 3/90. - NIFPIDS OF -Iff �. ai r. M Ashland City Council 20 East Main Ashland , OR 97520 March 13 . 1.991 ? Dear Council Members : As coordinator of Friends of the Greensnr-Ings , I do hereby request placement on the Ashland city counril. meet.inq aaenda for March 19 , 1991 . The issue for discussion will be aerial apDliC2tion of herbicides on forest lands Jr and aroiinO Ashland . Friend -; of the Csreensnrina-, is a non-or-of -it community oroanizatinn located east of Ashland in the Creensorinas area . Not only do we represent the Greensnrings community . but close to half of our members are Ashland residents . Since Novemher we have been investigating t"e use of herhicild0s, in our area . The time has come for spring s--ravina anal both Boise Cascade and Medco have civina notifica!-ion to the State Forestry Department of aerial herbicide anplicatinns . We are concerned about the use of these notp.-itially dangernus chemicals in our neighborhood for many reasons . We are not convinced that our water sources and residential areas are bL-.jna adequately protected . Furt'hermore, we believe there is reason for the City of Ashland to also be concerned oncerned about the nossihle contamination of its drinking water sunn] Jes . We do not have all the answers , or farts , hut we would d like to nrespnt to you : our closest government our rnnrerns and inform you of the facts as we have discovered so far . We have exhausted al ' other avenues . We believe this issue requires investigation of IPc-.'al environmental; and human health impacts . Many occurances -i.n recent times have shown us , as a society, that we do not know 4,,aqt how toxic the chemical-, we use can be . We hpl .ieve there is reason to worry about the aerial application of Atrazine , Dowoon M. and Clean Cron (which contains 2 .. 4 , D1 , over wide art-as of our watershed , as proposed by Medco and Boise Cascade . We remind you that the water from this area gets to Ashland eventually via the TTT) system. Just because it is legal to spray and considered to be "the way things are done" does not mean it is right . Thank you for your time . Wendy Oullprton Coordinator for Friends of the Greensorinas FOG e 15097 HIGFiwAy 66 a ASHLAND, OR 97520 (503) 482-2307 �E" �R/N5 �tC?TJrn/ d/ l�laSS (_-�n^✓" 1. OV MO/n/n// eve 7-4 fr �•-Crgy�7 ext //S'TC.r�T . -�T n s r P 5 i16 MIK 5220 ` \ � CREEK�� ,: .��: �•'°' [ ' � FARG', 32 1. 66 I r' 1 RNG � r 40-3E-3 . `-- j P,ACFIC �•, ,�y! 6�= AR `y. YLER CRK ROAD ':'# - --- TUBB SPRRIGS WAYSDE 4 12 HWY 66 "B i �\ • ♦ Ye as�� •• \ ` c°i v ^•^ p°♦- p•, c . I I,PAC>FIC CREST T - ,p \ PARSW LA S . l \ ;SODA MIN ROAD HODART LAKE. � p '-- 6 cs 6 4�c-O° oec ALDY-4891 HOBART BLUFF 5V °. / ,` F;i�L CREEK •' p n .. � ,, e1e, •♦ n° a-1 I -- — HOBART PEAK 5520 V, e Y - • e . • Y ` a fw Ypi I e s IRAL PA 23 AERIAL APPLICATION CONTRACT eR- Keene Creek T.39S., R.3E., Section 33 U,,, EXHIBITS "A 8 B" Treatment: Site Preparation Total Acres: 80 I iminq: Spring Target Vegelaliun: Spring Grass Chemical A1ixture: 4 lbs./acre Conifer go-, 4 lbs./acre Dowpon M, I qt./acre Mor-Act or equivalent surfactant in water. - - - Application Rate: 20 gal./acre (double flight with 10 gal./acre each flight) Chemicals: Provided by Company N to 1 Nyn 1 1 QTR Plwlo ` 634-6 ° 1. y gREEN it I'� \ \ \ \ A y"'e4 33 o _1739S. ( PVT i_ i 4 3 T.40 S . •i i It N ` 81. • A F �PY1 I PILOT: SUPERVISING FORESTER.: Le;end Scale_ .11 season road Lanai girt road <______= Rock pit :oad junctions 8A, D, etc. Buildings a o ;ec[ion line v/corner --4 — Pump chances 'roperty line — —� Ponds .iver, IfajOr creek _ — Po.er lines _ _- tream .�,�.ry Unit boundary inor drainage Area to be treated \\\\\\ T AERIAL APPLICATION CONTRACT :R- Zerr-Dunn T.40S., R.3E., Sections 3,4 EXHIBITS "A 6 B" T rc:riwenU SRe Preparation Total Acres: 70 Tiwinq: Spring Target Ve(jelation: Spring Grass Chemical Mixture: 4 lbs./acre Conifer 90, 4 lbs./acre Dowpon M, I qt./acre Mor-Act or equivalent surfactant in water. Application Rale: 20 gal./acre (double flight' with 10 gal./acre each flight) Chemicals: Provided by Company 4,4�Q^� y 3 r, v Gre•n�prlo)► hi„y Inn 6L _ n v o v r �\ `v Y.3 1 � I•I":: 4+0�• y 0 .►`M - Y�ts ° Scale: etjct�ll: II Season Runt) — Canal Irl Road = _° =' Rock Pit T oad Junctions !n, U, etc. Buildinels o tr -1 . eclion line w/corner -p—A- Pump chances liJ roperly line - - -- — Ponds ':". . I . fiver, Major creels -. Power lines Unit buundary lreaw Area to be treated\\\\ inor drainage .-,_.. �.•-y �' AERIAL APPLICATION CONTRACT ;R- Parsnip Lake T.40S., R.3E., Sections 3,9,10 v' EXHIBITS "A E B" Treatment: Site Preparation Total Acres: 105 I irning: Spring Target Vegelaliun: Spring Grass Chemical Mixture: 4 lbs./acre Conifer 90 , 4 lbs./acre Dowpon M, 1 qt./acre Mor-Act or equivalent surfactant In water. Application Rate: 20 gal./acre (double flight"with„10 gal./acre each flight) - Chemicals: Provided by Company,;;. '.a.aa.i Saa• `apaa 4 . r � - I PILOT: SUPERVISING FORESTER: l.c•-^nd Scale_ Canal -`"•"Y� .1 season road u' .rt road =_____== Rock pit . .ad junctions BA, U, etc. Buildings ° :ction line w/corner —mil` Pump chances operty line Ponds ver, Hajo`r creek Power lines ream ` -y Unit boundary = -- nor drainage Area to be treated \\\\\\ �a '_ Y,k^ C9 �4F'•..Y^ v i DOWPON . M .... . Grass Killer SJ„ FREE FLOWING FORMULATION ` FOR CONTROLLING ANNUAL-GRASSES y N Y PERENNIAL GRASSES AND CATTAILS Ell4�IKrF6dl§ri!(ej ' STATEMENT OF PRACTICAL Tla�htMENT tld ,$BNldtri:6ellof eteponTl 72.5°.A In ease bf'contect Hush,eyes with plenty of wafeF for at least 15 l M@ SildRi sad 61 dalepbntt - - 120°/a minutes and .get medlcaP attenfioh'•For akih retnbve contaminated $wM$f$l�l @t41i `" h 155% clothing and wash skin with plenty:of,watet Wash clothing'before f ®r'fIElIY5liiaredleh!§equivalent io 74 ti delapon.: ;" ie=use g w, 3,7$I diloFoproplonic acid) 11'R6gls0atlon No.4e4 402 395ii F.O.A.Esl 064MI•i AGAICULf' hAL GIiEM_ICAL i""'`,' Do not ship or store with foods feeds drdbi or clofhing 4, U SE"ICI EH b'g HILbRE14 Forehereicalsplll,leek,Ora6rexposure all lolltre'el•800 24-9300 CAUTION L USE PhtCAUTI0 S Apply this product only as specified on this label or on supplementary V iRUbIOHL"USUAIO " registered labeling Be sure that-us s o1,.this product conforms to all applicable regulauons - ; 4 - . §I i1Sf @8 ti,,lee Inglas no use este producto hasta qua Is etiqueta le "l ' To avoid mjuiy to desirable`plants, donot allow.'spray otspray daft }gii1� siFgld xplidadaamphamenter containing DOWPON M to contact loliage of lobtssol anysuch:plants l,R �Au 'Id�AI Y §TATEMENTS , -'inbluding lawns and other desii turfi'Flush spraylrig equipment wnh _ F Fd 't8"HUM nS plenty of water'I mediately after use.to avoid contamination of later sprays and possible corrosion 'e71U§I I V€ IpgITATIifH i MAY I3E HApMFUL IF.' : Local conditions"affect'I a"use of herblcl'es State"AgHdultural Expert SWA LLbWED • MAY CAUSE SKIN•IRRITATION inentStationand ExtensionServiceweedspecialistsInmanystatesIssue ,yyA.VOld'G6Fitm6t-With Eyes, Sklh, Of Clothing - -` " recommendations to fit local conditions. J. Y 1 YJ1j f r e l ManU}ectured}Or ^ :� 41 T> r !''e it + r� VERTAC"CHEMICAL CORPORATI011� "�$„r i Memphis, Tennessee °Trademark of VERTAC CHEMICAL CORPORATION Trademark of THE DOW CHEMICAL COMPANY - r*F a�-.� t 1 bM1 \ - .>i� ; i �.;3_ ., y ""`.tit 3 s _ �i1y,' .LS."J„`• t •v.L!, :C>r+4 .+.Pall+?F »x r.:,.;.x•... ..!;. READ ENTIRE LABEL BEFORE USING DOWPON M DIRECTIONS O CROPLAND )store Making Any ny A Application,Read ed Appropdnb FuomoWS) DIRECTIONS FOR USE warm,moist soils breakdown normally occurs oowe0h M Feet it is a violation of Federal law to use this m3to 5weeks.In colder dr,soil.and soils with CROP APPLICATION IS Par¢.. TREATMENT DETAILS NOTES product in a manner inconsistent with its little or no organic matter,slower degradation APPLES. eireawa 540 Use low rare for trees less man ayean Ole.Apply as 1.2 IabOling. can be expected. PEAKS under trees sM1.bane Or nmaecast avpucabon REENTRY STATEMENT WHEN, w APPLY: Apply when grasses ere as —use growing well one Belpre nestling. saes Are PEARS APRtCOTS one tre 6 2 wulban OF sent,nano or broaeuat 1.2 I)IF not apply 1h,S prnduct in such a manner as soil mmatgre favors goad growth and ellective One,, 'al spobcminn _ 61 du .,,try or thoiogtI drib expose workers or a Omcagr... .i.nph in sp..n..ur,n to a rose gr nss 1,1,10• Itet:,ea bcin ucaled must by herbicidal action Appl¢ation amino drougbl BEANS Tenant" "'"�' g mcOld wTatl,Cr or when grasSrSmaiuring Will IFpie, pre0pm wownn,OF Pmwmd.1 her. WaTern, pks aver vaLnp d by F,F,m0cted persons.Do not enter be less ellective. kroner. plowing or Oery dlscrng belom Vprarng I reap:<I meal without protective Clemons until nma. sora'ys have dried.Because certain stales may NOW me APPLY:Apply pr duo foliage or ground Seoul require more restrictive reentry intervals for equipment eta water spray to foliage which bll 15 Oulubrol ss r apply m Ian Plow or SrOm rude or 2.] vmiuus crops treated with this product,consull adequate wet uniformly Use enough water for p,eplam Ocluaa00ngrowrnggrass.Plow Ornreparsc bears year State Deparinlenl of Agriculture Tor fur- adequate a acre of loliaga, usually 5 to ID duo anphcabon m m run settee bnum uwmrng. lher rourmation.Written or oralwarnings most gallons per acre by aircraft and IO 10.100 gal- begiven to workerswho areexpected to be in lonsby ground equipment pensegrass stenos treated area or in an area about to be treated may require up to 500 gallons :or uniform with this product. The front panel PRECII coverage.For spot treatment.use 10 pounds of TIONARY STATEMENTS should be read to DOWPON M per 100 gallons of water.Per acre workers as well a5 the instruction not to enter rates are for overall broadcast treatment.With woo sprays rss well dried.inst, l warnings are band,row.or spot treatment the rates per crop oOWPON he FOOT given.warnings shall D¢given l a language acre should be reduced in Cooperman to the CROP APKICATION Is of Sege TREATMENT DETAILS NOTES cusomarily understood by workers.Oral warn- areas actually sprayed. Kole surlacb fit ingn must be given if there is reason to believe directions. CITRUS directed 2-4 Use 1 pound in 20 gallons water and spray to wet 2.6 that written warnings cannot be understood by SURFACTANT:Use any approved agricultural 'roves uneer trees without runoff lioddund Tease—apply broaousl al least4 e12lotOdayinlervals Ce111om1aand Arrant'.—spot workers. Written warnings must include the surfactant in all applications of DOWPON M to es years old spray go ,.1,4 to 8 week intervals. following information:"CAUTION Areatreated improve wetting of foliage and grass control. with DOWPON M Grass Killer predate of ap- For annual grasses.add 112 to 2 pints per 100 Cinches. spot or 5-10 Use 5 pounds per IN gallons water and spray l0 wet 2.3.T plication). Do not enter without appropriate gallons of spray.For perennial grasses.add 0 Doreen broadcast grass without runoff,If needed,make a second ap' 110 2 ee pncnrom ks. protective clothing until sprays have dried. pints per 100 gallons of spray.NOTE:For some n w (Insert here Statements of Practical Treatment crops, nob that lase suAedent Is roCOm- CORN apron' a Oue[kgrass—name as lOr BEANS 2.3.i as on front panel.)' mended. Adding more surfactant to sprays preplanl spptled to crop foliage may increase the risk spring 52 Jonnsongess—spray when B to 12 inches tan.Wan 3 2.3. STORAGE AND DISPOSAL of crop Injury. For non-crop uses. control of P,.pbw days.Plow 0,deep onto wait al Seal 5 days alter 4.5 Do not contaminate water, food, or lead by perennial grasses may be improved by using plowing or deep diaclng Delon planting. storage or disposal more than O pints of surfactant per 100 gallons fall 15 OFackgrass—same as for BEANS 2.3 Pesticide Disposal:Wastes resulting from the of spray, Replant use of this product may Be disposed of on site COMBINATIONS:DOWPON M can be used in COTTON apnng 57 Johnsonguss—spray when B Is l2aCl.es fall.Wait 2.15 or at an approved waste disposal facility. combination sprays with phenoxy or other her- preplant days.Plow and plan. Container Disposal: Completely empty con. bicides as indicated on this label Always note preplant 5-2 Bermueagras,and iohnsongfeas on stubble or tallow 2.3. tainer into application equipment. Then dis- label directions and precautions for other (repe.1 land 5.12 pose of empty container in a sanitary landfill or products before using with DOWPON M. l®nmentcl byincineration,or,hallowed bystateand local MIXING INSTRUCTIONS seal Perenmalgrasses—gsel pondin to gallons wale•. authorities.by burning.If burned,stay out of DOWPON M grass killer is soluble in water,Add spray Direct spray to grass and keep all Colton plants Spray smoke. it slowly to the water while stirring or agitating up to 3 r..ros per season. Use DOWPON M only as directedon this label. until completely dissolved.Than add desired lay-by 5 Usednen,(spray under the Cohan after last linage in Before using this product, read GENERAL amount of surfactant. In combination sprays western a,.as INFORMATION,USE PRECAUTIONS,TREAT- witholher herbicides,dissOve the DOWPON M FAR broadcast 1 Apply in 5 w to gallons water per acre on 1 o 6 inch 38 1. MENT DETAILS AND FOOTNOTES for each first and use no more than B pounds in 10 (loo foal... naxandllo2marloxtails.Usewnh MCPArrineweee Intended use. gallons of water. controll Kill,m add brpaeleal weed Conbal. GENERAL INFORMATION NON-CROPLAND USES GRAPES directed le Use in 0earmg vineyards in Ancona ana California. 1.2 DOWPON M grass killer controls cattails:an- Railroad ballast and berm arn,ts,drainage under vines Apply on 30 inch band Centered on vine row.Keep nual grasses such as fosteils,barnyardgrass, ditches.fence rows.industrial sites and other spray out of nngat on furrows. crabgrass,panicums,wild oats;and perennial non-cropland areas including forest planting PASTURE when A6 Smmgraxe mnpol in Gulf Coasl Stales inothhe, , grasses such as bermudagrass,bluegrass, sites.Apply by air or ground equipment.Tank lestablisned grasses ere Georgia.Appal broadcast 610 per acre. r 19.11. guineagrass.johnsongrass,maidencane.para- mix combinations with FORMULA 40'or ES- pe,eonlil growmg well ,1 22.23. grass, phragmiles. quackgrass, raoulgrass. TERON'herbicides may be used for Control. grasses SUCK 25 torpedograss,vaseygrass. ling Both broadleaf weeds and grasses. as P.e'ola-. MODE OF ACTION:DOWPON M is absorbed Bahia-.D a 18 OTHER USES NOT ON THIS LABEL Bahia-.,albs through foliage and roots and s growth is Consult VEflTAC CHEMICAL CORPORATION and Fescue Spot treat with 6IOI100gal water td thoroughly wet 19.20. through idl h the tan,System.Grans growth is asses) ammgnzs lonage. 2121 rapidly inhibited but kill a often delayed. If fur reglo ing raps asparagus,DOWPONMin gr 25 sprayed grans produces new growN,another the following crops:asparagus,bananas.bird- SIODt and w coulee, cranberries, macadamia PEACHES directed 62 YJealar rue—use spot,nand or broadcast 1.2 SOILPER is suggested. nuts and peas. undo trees other Se SOIL PERSISTENCE: DOWPON M is readily 231S Other 0 aeons gone,b ,..g 20 gallons weer.Apply 13 decomposed in soil by micro-organisms. In up to zo gallons spray vet acre PLUMS directed 67 Western qua—use spot.band or broadcast t.2 USE DIRECTIONS ON NON-CROP LAND 'PRUNES) under trees appbc,anm POTATOES - Spring B Otrackg,as,—same as for BEANS eacepl potatoes 2.3. OOWPONas TREATMENT OETAMS prepN^t Can be planted fight alter plowing 11 PROBLEM lb Per Mn Iepa a Mae..MdSa iben) tall 15 Ouackgraas—same as for BEANS. 2,3. Perennial 135-W Good spray Coverage of healthy loliaga essential and ratreatimnt may be preplant Il e grasses and necessary Pre 3 Grass seedlings—spray grass before emergence OI 3.11 Callan, with spray boom—use Viably Too .Iran,spray per acre.With hand on— emergence potatoes.Can be used in Combination spray wltn use up to 300 gallons spray per acre.Spray certain when 210 3 lea[tall or PREMERGE'3 Dome Amme Ne locale. during catkin deMopmeen 1e OuaCkgrass—spray to wet grassed comes up aNer 0.11 Annual a-10 TreetwMn g'owin9 wetland prior to heidin0.Law nba will extend 9rowln of pranhng and before enw,9ence of polaloez. grasses moatgnsms and can kdl ceotao apeciea auto es oxtarla. SORGHUM Spring 54 JoMSOngrass—spray wean Bto l2 inchestall.Wait3 2.3. Control of a45 Use a l0 5 Paunch per acre on seedling grasses.Use 10 lo IS pounds on preplanl days.Plow Wail at least 2F2 weeks before planlinq. 4,5 rameson perennial grasses.Wait at Nast 2 weeks alter application before planting forest - eiadlin ,. SOYBEANS spring 54 days dsway when Blot leases tall.Went 2,3. Pores) 9 praplem Oays.Plow a deep disc Wail a leaA 5 days after 4,5 planting sites plowing sdecdam,agbeam peeling. 5p01 Use l]5 peones OI DOWPON Mtn lW gallons of veto and sppygwelgnaa c 9'ess—same as urtlmenl without runoff.Repeal as needM. BEET spring B be R k for BEANS artepl beoU Can 2.3.2a BEET prnplenl be OSmee npM ehnr plowing. fell 15 pagekgrass—same as for BEANS. 2.3.12, USE DIRECTIONS ON IRRIGATION DITCNBANKS—WESTERN UNITED STATES preplan, 24 puW IN TREATMENT DUAIU broadcast 2-a Seedling grasses—apply overall from emergence to 3.9. PROBLEM UVA (We CMMUM Md"Na abets) (Poll 6 leaf stage of sugarbeStl. 10.21 Good spray coverage of Manny foliage u usanlial(a,b,p.dl.If emergence)directed browning end die back does not occur within Three to six week,, di,edM ]5 AOpIY u^der heel foliage using Teal IiM1ers from 6-lest 9.10. Rulealmenl may be necessary.with spfayb muse e[least Woganona stage ofsugarbeets omit lney are l a inchestall. 24 Control of grasses ,pray Paracn.NO waiting paned is necessary Debts this water may be SUGARCANE directed a Spray grass in spring before close in using 20 to 40 13 such as reed canary. 13.5 used for irrigation purposes. gallons water per acre.Repeat 2 or3 timesas needed. bermuda.Johnson. Use t15 lb in 100 gallons al water and apply by hand spray gun to Puerto ff o not spray cane foliage. andtula'es.[avail s. control inlermatenlmfestar.renono exceed filly percent aline total Rlco andwle systems of spot c pounds s nielDOWPas Mintop imgalion systems treatment .'a.).spot'lg wet all 11 Spray thoroughly act (a.IF. arroll.Tnis they spot spray needed Do note ve cal More clomort Repeal as 1 go up 0300 gallons of spray per,healed acre.(a,IF.1. needed Oa not spray cane lobage. I a. Always begin spraying al downstream end of lea section to be Treated and work upstream.Do nor spray SUGARCANE eirecled 34 Spray grass after cane planting or Stoning.Repeal2 across stream,minimize Contact al spray an water zu rlac ,a'd do not spray both banks simultaneously.Do Nawair _ or 311mes as needed prior to close-in.Do not spray rot spray more than 2 miles of the mine dilchbank during any 24-hour Period lo,ditches car less than cane foliage. 50 cubic feet of water Par second. M Ex. Cattails and phragmites(giant plume grass)areconirollel best when new growth is 2 to 3 last Is][aM plants spot spray Same as for Florida cane. re growing well.Fall spraying of Cattails alter catkin development is effective. . Do nor permit fishing in treated waterways within the calendar year of treatment. .I CO. For grazing restrictions see footnotes 20 and 21. PRODUCT BULLETIN Supplemental Labeling to Meet a Special Local Need DOWPOW M GRASS KILLER For Distribution and Use Only Within; CALIFORNIA EPA SLN No. CA-790005 IDAHO EPA SLN No. ID-800018 MONTANA EPA SLN No. MT-820003 OREGON EPA SLN No. OR-790066 WASHINGTON EPA SLN No. WA-790075 EPA Reg. No. 464-402 EPA Est. 464-MI-1 DIRECTIONS FOR USE It is a violation of Federal law to use this product in a manner inconsistent with its labeling. All applicable directions, restrictions, and precautions on the EPA registered label are to be followed. This labeling must be in the possession of the user at the time of pesticide application. GRASS CONTROL IN CONIFERS ON FOREST SITES OR CHRISTMAS TREE PLANTINGS Planting Sites (Preplant) ALL CONIFERS ON FOREST SITES OR CHRISTMAS TREE PLANTINGS- Apply 4 to 5 pounds DOWPON M per acre to control seedling grasses or 5 to 15 pounds DOWPON M to control perennial grasses. Dissolve in water and apply in 10 to 40 gallons of spray per acre, by aircraft or ground equipment. Add 1/2 to 1 pint agricultural surfactant per acre. If applying more than 8 pounds of DOWPON M per acre,wait at least 2 weeks before planting tree seedlings. No waiting period is required if a rate of 8 pounds or less DOWPON M is applied. If needed, add ESTERON*99• Concentrate or ESTERON' 6E at 2 to 3 pounds acid equivalent per acre to the spray mix to control susceptible broadleaf weeds or woody plants. For additional residual control,atrazine at 2 to 4 pounds ac- tive ingredient may be added with no waiting period before planting. Forest Sites (Existing Stands or After Planting) ) TOPICAL APPLICATION WITH ATRAZINE-to control susceptible grass and broadleaf weeds in certain conifers,apply a tank rnix- ture of 3 to 6 pounds of DOWPON M plus 2 to 4 pounds of atrazine active ingredient in 10 to 40 gallons of water per acre. Apply by aircraft or ground equipment to prevent overlap of swaths. Include 1/2 to 1 pint agricultural surfactant per acre.Application may be made in fall after conifers harden off and grass is growing until 3 weeks before conifers break bud. Some temporary injury to early needle growth may occur but later growth is usually normal. Do not apply DOWPON M over conifers without atrazine. ESTERON 99 Concentrate or ESTERON 6E at 2 to 3 pounds acid equivalent per acre may be added to this spray mix to control susceptible broadleaf weeds. Treatment should be applied to various conifers species as follows: Douglas fir, spruce, or hemlock - Treat topically as indicated above. True firs(Abies species)-Treat as indicated except add no more than 1/2 pound acid equivalent of ESTERON 99 Concen- trate or ESTERON 6E acid equivalent per acre to the spray mix. ' Pines - Treat as indicated above but use no more than 4 pounds DOWPON M per acre with atrazine and apply at least 6 weeks before the candles begin to elongate.Tank mixes of 2,4-D with the DOWPON-atrazine mixture is likely to cause severe injury to pines when applied in the spring. Christmas trees - Treat as indicated but do not use DOWPON M,within one year of harvest. Western Larch - NOTE: The response of Western Larch to DOWPON M is not known. Safe rates and times of application should be established before wide scale use. . NOTE: Fall treatment may be desirable in low rainfall areas. On coarse textured soil use low to medium rates. DIRECTED APPLICATION (ALL CONIFERS ON FOREST SITES OR CHRISTMAS TREE PLANTINGS) - To control susceptible grasses,apply 4 to 8 pounds DOWPON M per acre directed around trees or over covered trees, preventing the needles from being contacted by injurious amounts of spray. If needed, add ESTERON 99 Concentrate or ESTERON 6E at 2 to 3 pounds a.e. to the spray mix to control susceptible broadleaf weeds or woody plants. For residual control of weeds, 2 to 4 pounds active ingredient of atrazine may be added. Apply treatments in 10 to 40 gallons of water that includes 1/2 to 1 pint of agricultural surfactant per acre. If more information on these accepted uses of DOWPON M is desired, contact your Extension Weed or Forestry Specialist or The Dow Chemical Company. 86-1774 READ AND FOLLOW MIXING AND USE INSTRUCTIONS 253261282 AND PRECAUTIONS ON PRODUCT LABEL. NOTICE:Seller warrants that the product conforms to its chemical description and is reasonably tit lot the pur- poses stated on the label when used in accordance with directions under normal conditions of use, but neither this warranty nor any other warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE,express or Implied.extends to the use of this product contrary to label instructions,or under abnormal conditions,or under conditions not reasonably foreseeable to Seller,and buyer assumes the risk of any such use. 24(c) Registrant: THE DOW CHEMICAL COMPANY MIDLAND, MICHIGAN 48640 P81598 Trademark of THE DOW CHEMICAL COMPANY DDWPONM I FOOT 13. Donot applymorethan l2poundsper acre 24. CAUTION Use of Thiocarbtlmales such as CROP APPLICATION lh,oreca TREATMENT DETAILS 1 NOTES per season.Do nor apply within 5 months NO NEET,TILLAM.EPTAM and PRE-BE IA of harvest.Do not spray cane foliage b"he,eins may inooe,c rook of injury to !ARCANE ground 5% Stubble cane—Apply 2"pounds on 30 role canes r5.16. 14. Do notnpply more Than 20 pounds per acre sugar occur from floe posternergence,ap' ogre very gewio,pe songs or bermueagra sr V dui 24.06 month crop Cycle. Do nor m'cat'on of DOWPON M. Also. mission. ma spine.Repeal In s to 3 weeasn needed s n spray face foliage. nernat r ndilmol which Cause Poor t,eriM 21r Suable cane —Ann', no elroriY are--" 16 of lto50al Or1r 01 water Per elm - 15 OnC neurons rur p U 30 n..h I. _ gil'l ot1h 1 +thu:^lit Sug:a 1n:l Is" I'll lhl.r(r:14c elsorgrass or a , nq m 3 enl In 2 a Parr Ids per u r r t .rally Cold ^I alher rl 1 m21.3wle15l lon"'J'a1 U.S. :1 1 riea or mrprenn.roof boob I..... lrnbnn:n Apply an , line-up r 16. Ard Doloe Mu 20 to avmdml lacpant 5:111, nr Ile• .nil rr re:v• ask ul mur, e'ow-e Y4 Ptemone — A aso and anneal 15.16. tIY 'Y ^Y 1:r. in 2 to 3 wee Dojo nemrgrass and raowgrasr Repeal V DOWPON M can label used with 2 ou e Drnclan¢. DO tl0T1APPLY UOVgPON M - 21o3weeks rl needle accordance with label and local se<Om- pu9mnergenr.n In suq,v heels illhiocarha. annul 1 Planleaw—Apply in spring on 3105 gallons of water 16,17 ^Iendance, nale hionorde wtsl applied Poplanhng or per acre on actively growing grass seedlings Repeat 17. Vxrelies C.P413 103 and C.P47193 are .1 C..to is rypwlnq under adverse ptivion. is 21a 3 veRsa a emend less intern,,, to DOWPON M thou allies our.":'cp...III nn.unless coop injury can low Weplan 5a Use in grain s.ubele or on fasow IoM.o control 2,J.S. varieties.Consult Extension Specialist be tolerated, or repeal auackgrass.permudaquv and lohnsormav during 11.12 concerning response of new varieties. 25. Apply only once per year. Ia BLE tfexlmanb the yrowinq season pfip.to panting beans,corn 18. Best results obtained it mowed 2-4 week$ tp coktan,pola.aes.soflnum.soybeans and sugarbestr after treatment and fertilized to hasten pas- CO NDITI DNS O F SA LE AN D WAR R AN TY cure recovery. VERTAC AND SELLER OFFER THIS PRODUCT . Pastures recover most rapidly it mowed. AND THE BUYER AND USER ACCEPTS THIS /9 1ESE FOOTNOTES ARE AN adequately lover ea, ample moisture PRODUCT ONLY UNDER THE FOLLOWING IPORTANT PART OF THE USE made available and other good manage- AGREED CONDITIONS OF SALE AND 9 T WARRANTY RECTION$ menu practices are followed.jobs(such as le ire The directions for use of this product are be . Apply when grasses have begun growing 8. Use no more Than V2 in_of surfactant per annual grasses and_orbs(such as whsle p p clover)may De Temporarily ed Pastures s caved to be sellable and should be followed well in striae,but before heading.Spray l0 100 gallons of spray Do not expect rapid poi g careful_ However,it is impossible to take into stand or vigor but n healed pastures Y wet the grass without runoff.Apply when grass kill. CAUTION: Poor grass control 9 account all variables and to eliminate all risks soil moisture is high such as alter a rain or end injury 10 Ilex may Occur it applied usually-¢Cover within all 4 months under r I Y Y pp associated with its use.Injury or damage may irrigation,Use one Or Two applications per during rinds of droulh. Do not apply favorable conditions.Fall treated pastures pDY result because of conditions which are beyond VV p l Pe usual_Spring under goo recovery the loll ow- Y season For band or spot treatment, the underdrOWh conditions unless crop injury Y. the control of VCaac or the Seller.Verlacwar- ia 5 le under sod management did be reduced of spray,and DOWPON M.should act u- cache tolerate ON MvarierMCPA.y Tntolen 9 pn 9 9 g rants only that this produce Conforms el and to the be reduced in proportion to the area n er heel to DOWPON vi and MCPA.Consul_ favorable Conditions,Any annual grasses chemical he reasonably the label and is be- ally treated. Do not spray bare soil under local Extension Service information ioniversit S e- When lT may be seriously injuredre os e Y p leaved to ❑e reasonably lit for inn purposes Im❑ I,,on or vines. Keep spray off crop D not loo lusthef tempeatu 20.When less than nee of the pasture Rose; unefud to i..ore floe......I conditions luf n wren TAC luli:lq,,:uet hurt. Do not apply within 30 9. Do col apply wren temperature is above healed.leaving tined col be dlsconlmuad' MAKES IN vOTH no oral .VERTAC day-:u1 graze l BS'•F.Using more than t pins of surfactant 21. Pasture Restrictions - MAKES NO OTHER SS EXPRESS CH IMPLIED Do not graze livestock on (reeled areas Par 100 Salt also spray mrease the risk of Pastures undated - to col graze meal ITY WARRANTY O OTHER EXPRMERCHAMPLIE- during application season, control but also may increase ou risk Of animals on treated pastures until 8 weeks TTY OR ANY OTHER EXPRESS OR IMPLIED Apply by air or ground equipment. crop injury. per much as B pounds of grazing treatment and withhold from such WARRANTY. le no case snail ial,Vietac special or kof If soil remains unusually dry alter prepfane DOWPON ro per acre may be used for grazing loo 1 t week reatmenslaughter.Four- Seller be damages for consequential, special or treatment,a longer wailing period may be better o may injure of wild oats and heat to 8 to teen weeks after area o nor no withholding indirect damages r oduct from pre use or necessary to avoid residue injury eo the but assouldy e pplie beeps.The Sto BID. panly Animals ..treated nor graze unlit!14 handling xcep exception fthis product Any v most be or Cop.A rain of hustle inch or more will help rape should De applied only from ground dairy animals on healed pdslwes unlit 14 excr.Ption film ibis w'lrtanty mast Dam to move the herbicide into the soil So that equipment and as a spray directed away weeks alter treatment, willing and signed by an auto !zed Verlac microbial degradation (breakdown) will from the sugar beet plants.For aerial do- Pastures mowed-mow 2 To 4 Weeks after representative. micro ial deer datio Joreaerain before plication,use at least 5 gallons olspray per treatment if desired.Do not graze lacladng 25326 L1 KB84 take place Wit 5da softer acre.DOWPON M at 2 to 3 pounds per acre or meat animals on located pastures until planting may be used in tank mix combination with weeks alter mowing, Do not Harvest hay crops This treatment will not control unemerged Pyramus W herbicide at its recommended from treated pastures during the Season of seedling grasses rapes and limes to control Depo dal weeds application. . Keep spray oil crop foliage and Trull and do as well as grasses. 22. Use only the lower rape of DOWPON M on not spray bare soil under the trees.Apply 10. Useno more than 8 pounds of DOWPON M babiagrass pastures since it is more sensi- errain or irrigation so that adequate SOd par acre po5temergence per season,Basis live Than other desirable pasture glasses isture is present.Use up to 3 applica- and tops may be led to livestock. and may suffer Considerable reduction .f ..ens per season in orange.grapefruit.fan- 11 Do not use on land planted to or to be under unfavorable conditions. Rein and lime groves. Use low rate on lamed_o red-skinned varieties or While very light soil.Do not use in groves under P 23. Do not sow grass Seed until 2 to 4 weeks drought stress diseased, in decline. or Rose.Do not spray papal$planes. alter treatment. Species such as annual suffering from cold damage,In Arizona and 12.To control established bermudagrass or syegess can be fall seeded to provide California.spray only up to hall the area johnsongrass on grain stubble or fallow winter pasture.Defer grazing for 10 weeks . over the romzone of The trees. land,use 5 to 7 pounds per acre in 2 or 3 or longer after treatment allowing POP DOWPON M may be used in combination appbcalions 2 to 3 weeks apart.or as quake time for sufficient growth to sustain sprays with ESTERON' products or FOR- needed. Use tillage prior to planting. The grazing. MULA 40' to control weeds and brush in following spring on such crops as beans. addition to grass, corn.cotton potatoes,sorghum,soybeans and sugarbeees. MISCELLANEOUS USES SPARAGUS: TO ..$.Trot gm<11,11cas, pply 10 pounds of COFFEE: to mrnrol Conhgr ors, berandcog,ri 48ruyugr ms, Swab Treatmenl: Apply DOWPON M(lo be grass and net OWPON M pet acre before a_eng and 3 1. 4 weeks later prna(California)gross and other grasses in established coffee .o he cranberry foliage)of the rate of 2 pounds on 5 gallons of ceded. With a single Treatment, use 20 pounds of 'plama6onw in Hawaii, dlaoNe one pomod DOWPON M in 10 water(up to 5 gallant,sexless,per acre)m a mob treatment OWPON M striker before or offer the casing season. For .allom wales. Apply as a directed aproy 1b lost we.the grgv of soon Co.the grassy weeds appear abom the diet,.Two applh ermvdagrass mewl, apply 20 Pounds of DOWPON M without run off but Ran to exceed 100 gluons per acre.Keep colons al 1wo.week intervals are suggested.Swab applications .r oc.e euher doting of abet.he coding season,ord a second the pro off the coffee foliage.Make initial application fo will suppress growth of grassy weeds, and may result in crop ,toy of it pounds s ceded. NOTE: During the tuning sea 9000"which a.e 9ros ing well and prior 10 seed head forma- redwmns in the year follow-rig..ppl&aline it 1hp mrxmh111nd uy ipoundn as needs rutting and u ti sire 1 Iron. Rdsp.ny 4 to 6 weeks Inter or when regrowth wanness. uJuli o upPlied r. el. k n drip. ... doe' unheny v tut o' Surl issue per 100 gallons of spray.Poslhorvnl sprays but do one oP,ly n ore Omn Two spr uys in oily ore nap Year Do not apply within 60 dap of harvest.Do not use more u. DI directed order the tern growth t ovoid sop injury, Dad do rot apply within 8 months of harvest. than two applications per season.Follow recomererdanore of agricultural e enough water fo provide uniform welling of the gross. s periment ,lotion or extension weed s oat spray patches of gross with I pound of DOWPON Min CRANBERRIES:Ditch and shore areatemi Use 20 pounds specialists. )gallons of water. of DOWPON M in 200 so 300 gallons.01 water per ace 10 MACADAMIA NUTS: To .no.I rmbmm,, be,mudagr.R. ANANA PLANTINGS: To control perenni.1 ..asses such as control cauoie, engross, pavertygrov, bur reed card common kikuyogras,pmn(California)9r ms, dulingrges in mamdamin linen (Panicam maximum_,gmaf.o(Aaonopm ep-).and ,.,he,and edge,in irrigation and drainage ditches and along orchards in Hawaii,use DOWPON M in concentrations of 1/710 mush, (P(P icters m maximum),,em 15 e(Ax Pounds of DOWPON M shore areas of cranberry bogs. Make the first application 1 pound per 10 gallons of water. Spray to just wet the gross vwally"a early June,when ds.,a growing well but before without run-off,but nor ro exceed 100 gallons per acre Make cre in enough water to obtain good coverage.Often roles seed heads form. Make second application as needed but col firs) apppGcalion before honest and re,proy at imervah as ' iol, 8,°reds per Doe applied in the some m e mr gee When fare, than July 31. Apply the spray 10 thoroughly at the regrowthvwarrants, Do not exceed 24 Pounds of DOWPON M nnlactury results. A bN treatment shored be ode when weedy vegetation. Keep spray off cranberry foliage acre per ear. CAUTION: During harvest Periods, spray ass is growing well, but before heading. Repeat treatments, per ° . p y g pour p. y lolly spot opplocotions, should be mode where needed in only directly o abet gleaning oils from the ground. D°not sold a month to six weeL,and late,on as required.Use no spray directly on fallen nuts. e Ikon a toms of 30 pounds of DOWPON M per acre Pao Vice Treatment:Use 10 pounds d h of DOWPON M in abam 300 ear, Keep spray off banana fruits, foliage or young plonks, .$horn of w•oler per Co.a on cre. wCay bogs it mrom" slim" PEAS:To elan$)seedling gooses, gram, green red yellow e sufficient s to wet folio thoroughly,but avoid mergrgrs. cvg.asl. t grasses, round nd sus, warty pge weeds, hood(wateria)use one pored of DOWPON re pe.ace pray gross 9e 9 Y. bvn<hgrass wide least grasses, round rush and sedge weeds. enough.oleo for good splay mmege.other is Treatment may moll. not Ihlactor 1.01 of s chef Than These eemi- 'oot Trefoil, for Seed Production Only: For use i o 9eesa Yo ma palreso hue lox jai sp Use n e 1hst .d y% rorlto Karl st 100 tit and New York stoles only.'To control or saes and Use ad more thou b pint a do of,l per 100 g°Ilontof spray. gallons s spray.Apply at least 25 days prior to 2 to 6l when .gran, and ulcer perennial grasses, ply 3 grasps and Treatment lily No emberd be mode only is treatment honed in y October and the gross seedlings are young and the pent are 210 6 inches oven in bh on 20 to 30 seed fields apply 3 cr 5 pounds, early November. CAUTION: This on the may reduce Ihe I.H.Fresh pen vines or pea singe may be led to fmslod if OWPON M in 20 10 30 gallons of worer per acre in loll or nee season's crop. For example, on er Howes variety the desired,but do not feed pea vine hay.DOWPON M con also arly spring when clovers and groves are 4 to 6 inches tall. Coop may be reduced only slightly whereas on Early Blacks .be used :n hont.,m,combinolinn with PREMERGE' 3 e temporary crop injury may orcu. but seed yield and lib may be reduced up to 75%and on certain vorienes as much I Wars°' voliry ore usually in mad. NOTE: D° not graze treated a: 90°6. Follow recommendations at agricultural experiment Dir.iuo Amine Her hide. (Rend PREMERGE 3 label tot aids to livestock of teed forage, hay,or chaff. seneon o,examine weed specialists, di,,ftom and....ov.en,), COWIFER. A - For Use In Conifers. ACTIVE INGREDIENTS: AVazine(2-hWo-4-ethylamino-6-fsopropylamino-sdriazine........85.5% STORAGE AND DISPOSAL Relatedcompounds........................................................................4.5% PROHIBITIONS:Do not contaminate water,food,or feed by storage or INERT INGREDIENTS:....................................................................10.0% disposal. Do not store under conditions which might adversely affect the TOTAL 100.0% container or its ability to function properly. Such conditions include,but are riot limited to,positioning of the container in storage,storage KEEP OUT OF REACH OF CHILDREN temperature,potential for crushing or damage due to stacking,and penetration of moisture. CAUTION STORAGE:Store in safe manner. Store in original container only. Store in ceoi,dry place. Reduce stacking height where local conditions,such as See Below For Additional Precautionary Statements. humidity or pallet overhang,can affect package strength. Personnel EPA REG.NO 34704-689 EPA EST. NO. should use clothing and equipment consistent with good pesticide NET WEIGHT 25 POUNDS handling. 28656 Ot/91 PESTICIDE DISPOSAL:Wastes resulting form the use of this product may be disposed of on site or at an approved wasfe disposal facility. PRECAUTIONARY STATEMENTS CONTAINER DISPOSAL:Completely,empty,cor(abler Into application equipment Then dispose . mpry ce erkr a sari t landfill or b HAZARDS TO HUMANS & DOMESTIC ANIMALS incineration,a owed and I a�i Cit by burning.if y CAUTION burned,stay o , mok Ift Harmful If swallowed,absorbed through skin,or Inhaled. Avoid breathing Do"" uct l '"" " dust Causes eye irritation. Avoid contact with eyes,skin or do Y gh enp tj Ole of irrigation system. Wash thoroughly with soap and water after handling.Remo a RALINFORMATION is u gMttrois'most annual broadleaf and grass weeds in the crops noted clothing and wash before reuse 9 P adica 'on this label. STATEMENTOFP ACTCA6 ENT ,� F-�Q a is product may be applied before a after weeds emerge. If Swallowed:Call a ph a Olson Contro�,Cenler. DAnk," *Important Note:Follow man ears of continuous use of this product a r" a P° n9 Y Y P glasses of water and I ce vommrt� touching b�adt of Throat with and chemically related products,biotypes of some of the weeds listed on finger,or if available by- ng�¢yrup of ipecec. Do not induce this label have been reported which cannot be effectively controlled by this vomiting a give anythug b to amunconsdous person. and related herbicides. These weeds may include annual bluegrass, If On Skin:Wash with pT :soap and water. Get medical attention if yellow foxtal and others. Where this is known or suspected,we recom- irritation persists. mend the use of tltis product In combination with other registered If In Eyes:Flush with plenty of water. Get medical attention it irritation herbicides which are not triazines. Consul your Slate Agricultural persists. Extension Service about specific weed resistance to atrazine in your area ENVIRONMENTAL HAZARDS and weed control recommendations. Within the specific crop directions on Do not apply directly to lakes,streams,or ponds. Use with care when this label,certain weeds are indicated for suppression only. Weed applying in areas adjacent to any body of water. Do not apply when suppression is a visual reduction in weed competition(reduce population weather conditions favor drift from target area. Do not contaminate water . and/or vigor)as compared to an untreated area. Degree of suppression by cleaning of equipment or disposal of wastes. will vary with rate used,size of weeds,and environmental conditions AUazine leaches readily and accepted label rates have been found to following treatments. result in contamination of water supplies by way of groundwater. Since this herbicide ads mainly through root absorption,its effectiveness Therefore,users are advised to avoid use of atrazine in well drained soils, depends on rainfall or irrigation to move it into the root zone,(except for particularly in areas having high groundwater tables. already emerged weeds). This pesticide is toxic to aquatic Invertebrates. Do not apply directly to Care should be taken to avoid using this product where adjacent desirable water or wetlands. Runoff and drift from treated areas may be hazardous trees,shrubs,or plants may be injured. to aquatic organisms in neighboring areas. Note:Manufacturer does not recommend the use of this product,in DIRECTIONS FOR USE combination with other herbicides of oils except as specifically described on this label or supplemental labeling distributed by manufacturer. It is a violation of Federal Law to use this product in a manner inconsistent with its labeling. I I i APPLICATION PROCEDURES BroedleatandGres7 Weeds ConlikA d Small hand or power sprayers:This product should be mixed with water and Bamysrdgrasa• cocklebur nightshade' applied as a spray. Pour product Into the tank during or after filing. Agitation Is (watorgrass) graxddorry Pigw'ood recommended during mixing and application to keep the material In suspension. giant foxtall' jimsonweed purslane Wash sprayer thoroughly after use. Do not apply this product through any type green foxtail• kodhia ragweed of irrigation system. large(mlry)crabgrass lambsquarter' sicklepod Mixing procedures:(1)Be sure sprayer Is dean and not contaminated with other Wild oats annual velvet lest' products as plant injury may result. (2)Fill tank 112 to 314 full with dean water. witchgrass• momingglory (buttonweed) (3)Add required amount of this product to tank. (4)Finish filling tank with water, (Paniwm capil are) mustards yellow foxtail• and agitate mixture. (5)Clean sprayer thoroughly Immediately after use by Ouackgrass•control:Broadcast 4.4lbs In a minimum of 5 gals of water per acre flushing system with water containing a detergent. by aft or 10 gals by ground between fall and early spring whole trees are dormant NOTE:Adding other insecticides,herbicides,liquid fertilizer or other materials is and before quadkgrass Is more that 1.5 kilos tall. not recommended because they may cause compatibility problems or plant (Load resistance may result in suppression only or lack of control.Refer to Injury. IMPORTANT NOTE within GENERAL INFORMATION SECTION of this label.) Commercial Ground application:Use conventional ground sprayers equipped Precautions:(1)In areas west of the Rocky Mountains(except the Great Basin), with nozzles that provide accurate and uniform application. Be certain that grazing may begin 7 months after a fall application or 3 months after a winter or nozzles are uniformly spaced and are the same size. Calibrate sprayer before spring application. (2)To prevent illegal residues,do not graze treated areas of use the Great Basin,or areas east of the Rocky Mountains. (3)Temporary in(ury to Use a pump with capacity to(1)maintain 35.40 psi at nozzles,(2)provide trees may occur following use of this product on coarse-textured soil. (4) To sufficient agitation in tank to keep mixture in suspension,and(3)to provide a avoid crop Injury,do not apply to seedbeds. (5)Also apply only once per year. minimum of 20%bypass at all times. Use centrifugal pumps which provide Aerial application:In order to assure that spray will be controllable within the propeller shear action for dispersing and mixing this product The pump should target area when used according to label directions,make applications at a provide a minimum of 10 gals(minutell00 gal.tank size circulated through a maximum height of 10 h.above vegetation,using low drift nozzles at a maxi- correctly positioned sparger tube or jets. mum pressure of 40 psi,and restrict application to periods when wind speed Use screens to protect the pump and to prevent nozzles from dogging.Screens does not exceed 10 mph.To assure that spray will not adversely affect adjacent placed on the suction side of the pump should be 16-mesh or coarser. Do not sensitive nonta get plants,apply by aircraft at a minimum upwind distance of place a screen inithis recirculation line. Use 50-mesh or coarser screens 400 it from sensitive plants. between the pump and boom,and where required,at the nozzles. Check nozzle NOTE:In very hilly or mountainous terrain where the 10 loot fly ng height is manufacturer's recommendations. unsafe,fly as low as possible. There may be increased risk of spray drift and For band applications,calculate amount to be applied per acre as follows: uneven application. band width in inches x broadcast rate amount needed Conifer Tank Mixes-Reforestation Areas:This product may be tank mixed row width in inches per acre per acre of field with other herbicides,such as certain 2,4-D formulations,labeled for conifer site Aerial application:Use aerial application only where broadcast applications are preparation and dormant conifer over-the-top applications.Users should care- specified. Apply in a minimum of 1 gal.of water for each 1 lo.of this product fully follow all label directions and precautions for each product,and obtain local applied per acre. Avoid applications under conditions where uniform coverage use information from regional,state or university extension foresters,or similar cannot be obtained or where excessive spray drift may occur. reliable sources. The risk of conifer Injury from tank mixes Is generally unac, Avoid application to humans or animals. Flagmen and loaders should avoid ceptable for Christmas trees and ornamentals. IMPORTANT:Tank mires may inhalation of spray mist and prolonged contact with skin,and should wash increase potential for damage to conifers. Use only where the risk of damage thoroughly before eating and at the end of each day's operation, can be tolerated. New combinations should be evaluated in limited tests before Commercial Ground and Aerial Application in water.Mixing procedures:(1) large scale use. Read WARRANTY AND LIMITATION OF DAMAGES for limit of manufacturer's warr anty. Be sure sprayer is dean and not contaminated with other materials.(2)Fill tank NOTICE 112 to 213 full with dean water. (3)Start agitation.(4)Pour this product directly from package into tank. Let it wet and settle into the water. (5)Finish filling The Directions For Use of this product rifled the opinion of experts based on tank with water. Continue agitation during mixing and application. field use and tests. The directions are believed to be reliable and should be NOTE:Adding other insecticides,herbicides,liquid fertilizer or other materials is followed carefully. However,it is impossible to eliminate all risks Inherently not recommended because they may cause compatibility problems or plant associated with the use of this product.Plant injury,ineffectiveness or other Injury. unintended consequences may result because of such factors as weather Chemigation:Do not apply this product trough any type of irrigation system. conditions,presence of other materials,or the manner of use or application all of which ate beyond the control of Plate Chemical Co.or the Seger. All such risks CONIFERS shall be assumed by the Buyer. For control of annual broadleaf and grass weeds prior to transplanting,after WARRANTY AND LIMITATION OF DAMAGES transplanting or in established conifers(including Douglas fir,grand fir,noble fir, plate Chemical Co.warrants that this material conforms to the chemical white fir,Austrian pine,bishop pine,Jeffrey pine,knobo"pine,loblolly pine, description on the label and is reasonably fit for the purposes referred to in the lodgepole pine(shore pine),monterey pine,ponderosa pine,Scotch pine,slash Directions for Use,and Conditions of Sale,subject to the inherent risks referred pine,blue spruce,and Silks spruce):Broadcast 2.2-4.4lbs.in a minimum of 5 to therein. Platte Chemical Co,makes no other express or implied warranty of gals of water per acre by sir or 10 gals by ground before weeds are 1.5 inches FITNESS or of MERCHANTABILITY,and no agent of Platte Chemical Co.is tall.Apply to established trees between fall and early spring while trees are authorized to do so except in writing with a specific reference to this warranty. dormant. For new transplants,apply during or soon after transplanting. For ap- Any damages,arising from breach of the warranty shag be limited to direct plicabons prior to transplanting,allow sufficient precipitaiion to activate herbicide damages and shall not induce consequential commercial damages such as loss before transplanting. In areas where spring and summer rainfall is inadequate of profits or of value,etc. to activate herbicide,apply during fall prior to spring transplanting. FORMULATED FOR PLATTE CHEMICAL CO. 150 SO. MAIN ST FREMONT,NEBRASKA 68025 ,I i e JOf`��le,'s _ 4 �•: O ' fCem a ran dum March 13 , 1991 O4EG'. 0� Brian Almquist, City Administrator �l rQIII: Steven Hall, Public Works Director Subject Water "Curtailment" ordinance ACTION REQUESTED City Council adopt the attached ordinance strengthening the existing Emergency Water Use Regulation. . BACKGROUND With the last six of seven years being drought years and the potential of a seventh being the most critical, staff believed it was time to review our existing ordinances and City Council had noted at the goal setting session that they wished an update on our current legislation. Attached are 'Ordinances 2112 and 2130 for your reference. Although we have probably escaped an extreme drought season this year, I am recommending an expansion to the existing ordinances. These would include: 1. Removing the specific time frames noted in Section 1 of Ordinance 2130 as we may need to extend the restriction beyond those specific dates. 2 . Adding a section allowing the City Administrator to restrict outside water use entirely under extreme conditions. 3 . Limiting total consumption per day for a given residence or business based on a percentage of average winter use or a specified limit for each instance. 4 . Limiting total consumption per day based on a fixed amount of usage per type 'of use. This could be in the form of a percentage of item 3, above or a specific cubic feet per day. I believe this would allow the City Administrator to deal with the situation in a timely and reasonable manner based on the given situation. c Water Curtailment March 13 , 1991 Page Two The gage of how critical a given situation is would be: + the standard drawdown curve for Reeder Reservoir, + the' flows in the east and west fork of Ashland Creek, ' + the estimated time of "shutdown" by the Talent Irrigation District and + the existing and projected demands for water in Ashland. Education and enforcement will be the most difficult issue. I strongly believe that education will be our strongest ally in this type of a program with enforcement as a necessary case by case basis for obvious negligence of individual customers. I will keep the Council appraised of our situation as we receive reports on snowpack and related water content from the US Forest Service. SUMMARY + The Rogue Valley was potentially entering a record drought year in 1991 and the potential exists in the future. + Staff recommends strengthening our existing ordinances to allow the City Administrator to deal with the potential drought. + The proposed ordinance will address these issues. cc: Dennis Barnts, Water Quality Superintendent Jim Olson, Assistant City Engineer Pam Barlow, Administrative Assistant John Fregonese, Planning Director encl: Proposed ordinance Ordinance 2112 Ordinance 2130 ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCES 2112 AND 2130 AND ESTABLISHING EXPANDED EMERGENCY WATER CURTAILMENT REGULATIONS. WHEREAS, six of the last seven years have been classified as $#drought" years for water supply, and WHEREAS, it is the desire of the City Council to insure adequate water pressures and water supply during drought years for domestic and fire use, now therefore: THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The City Administrator is hereby authorized to institute emergency water curtailment measures based on an analysis of the demand for water in the city, volume of water in Reeder Reservoir verses a standard drawdown curve, the projected curtailment date for Talent Irrigation District Water and flows in the east and west forks of Ashland Creek. SECTION 2 . Depending on the severity of the potential water shortage, the City Administrator is authorized to implement the following water curtailment measures: A. FIRST STAGE Outside irrigation, filling swimming pools, washing of vehicles except at a commercial car wash and the use of water to wash down paved surfaces or structures shall be prohibited for homes, schools, parks, public lands or businesses based on watering allowed on even days for even addresses and odd days for odd addresses. B. SECOND STAGE All outside use of water is prohibited including commercial car washes. 1 C. THIRD STAGE Limit all water use to all water customers to the average of November through April consumption. D. FOURTH STAGE Limit all water use to all water customers to a fixed amount of water per day based on projected water supply needs for potable and fire protection. SECTION 3. Any person, firm, corporation, school or governmental agency violating the provisions of this Ordinance shall be deemed guilty of an infraction for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted, and upon conviction thereof shall be punished as prescribed in Section 1. 08. 020 of the Ashland Municipal Code. SECTION 4. Ordinances 2112 and 2130 are repealed on the effective date of the passage of this ordinance. The foregoing ordinance was first read on the day of 1991 and duly PASSED and ADOPTED this day of 1991. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of 1991. Catherine M. Golden, Mayor ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO . 2112 RELATIVE TO EMERGENCY WATER USE REGULATION AT PEAK HOURS DURING THE 14ONTHS OF JUNE THROUGH OCTOBER. THE PEOPLE ' OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS : SECTION 1. Section 1 of Ordinance No. 2112 shall be amended to read as follows : "Section 1 . Outside irrigation, filling swimming pools , was ing o vehicles except at a commercail car wash, and the use of water to wash down paved surfaces or structures shall be prohibited on certain days based on a schedule providing for house numbers ending in an even number being prohibited on one day, and odd numbers on alternating days , beginning with odd numbered properties on June 15 , and end- ing October 15 . The City Administrator is hereby authorized and directed to publicize the odd-even schedule so that property owners are aware of when they are prohibited from using water for the above purposes . " SECTION 2 . A new Section 4 is hereby added to Ordinance No. 2112 , and shall read as follows : "Section 4. Any person, firm or corporation violating the provisions of this Ordinance shall be deemed guilty of an infraction for each and every day or portion thereof during which any violation of any of the provisions of this Ordin-. ante is committed, continued, or permitted , and upon conviction thereof shall be punished as prescribed in Section 1 . 08. 020 of the Ashland Municipal Code . The foregoing Ordinance was first read at a regular meeting of the City Council of the City of Ashland held on the 21st day of April , 1981 , and passed to a second reading and duly adopted on the 5th day of May 1981. Nan E. Franklin City Recorder SIGNED and APPROVED this day of 1 ,. 1981. L. Gordon Me aris Mayor ORDINANCE NO. // AN ORDINANCE ADOPTING EMERGENCY WATER USE REGULATIONS AT PEAK HOURS DURING THE MONTHS OF JUNE THROUGH OCTOBER. WHEREAS, water pressure problems occurred during the Summer of 1980 in Southeast Ashland due to peak irrigation demands and inadequate supply lines , and WHEREAS, the solution to this problem has been identified in the report recently received from R. W. Beck & Associates entitled "Comprehensive Water Plan" , and WHEREAS , the bond election to authorize funds required to accomp- lish system improvements , and necessary construction time, will require approximately 30 months to complete; and WHEREAS, it is the desire of the City Council to insure adequate water pressures during periods of peak demand in the interim for fire protection and inside domestic use, until improvements have been completed; now therefore : THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS : SECTION 1. Outside irrigation is prohibited within the area marked Ex—T1F1t `A" attached hereto, for the period of June 15 through October 15 during the hours of 7 to 10 A.M. . and 6 to 10 P .M. Outside irrigation from the domestic water system is prohibited. SECTION 2. The City Administrator is hereby authorized to institute the restrictions set forth in Section l of this Ordinance during other times of the year if weather and water supply conditions war- rant the same. However, such action of the City Administrator shall only be effective until the Council meeting next following such actioi at which time the Council must ratify the restrictions or they are repealed. SECTION 3. This Ordinance shall be repealed upon the passage by the Ci*_y ro,� _il cf a resolution declaring the completion of the required water system improvements to the southeast Ashland area. The foregoing Ordinance was first read on the _,"tday of 1980 and duly PASSED and ADOPTED this 16z�f- day of an/E. Franklin City Recorder SIGNED and APPROVED this �day of 1980. y L. Priccett Mayor i RONALD L. SALTER ATTORNEY AT LAW 94 THIRD STREET ASHLAND, OREGON 97520 � (503) 462.4215 February 13, 1991 MEMORANDUM TO: Brian Almquist, City Administrator FROM: Ronald L. Salter, City Attorney SUBJECT: Steve Hall 's memo on Water "Curtailment" Ordinance Dear Brian: The. following are thoughts and comments on the above subject: Page 1 - Paragraph 3: Limiting consumption based upon a percentage of average winter use might be a problem with some snow birds who are not here at all in the winter and thus, have no winter use. Thus, I suggest a guaranteed minimum. The Paragraph immediately above gives the City Administrator the right to restrict outside use. This could be worded so as to give that power to both the City Administrator and the Council with it being thought that normally the Council would act but in emergencies, the City Administrator would. Returned herewith is Steve's memo. Rctful�bmitted, Rokk� D L. SALTER RLS/kr Enclosure Tip = Qnta rat xcc� ixm March 15, 1991 pgFGpA •. ZX1: Brian Almquist, City Administrator I '` rum: Steven Hall, Public Works Director j m ,*ixb1Pct- Taste and Odor Problems -- Brown and Caldwell Report ACTION REQUESTED Receive report .from Brown and Caldwell. Mr. Dennis Eckhardt will make a presentation of his review, conclusions and recommendations and answer questions from the Council. Also included is a memorandum on our internal review of the incident. Report and Memo will be delivered on Monday. BACKGROUND On September 22' and 23 , 1990 the City water supply system experienced a taste and odor problem which was caused by algae entering the water filter plant from Reeder Reservoir. Internally, Dennis Barnts, Daryl McVey and I reviewed the taste and odor incident and evaluated our procedures. At that point in time, Dennis, Daryl and I believed it would be prudent to bring in an outside professional engineer who had dealt with similar problems and had the technical and practical background. This would provide us with an independent review of our conclusions and provide the Water Department other tools to deal with future incidents. Daryl McVey had worked with Mr. Eckhardt on similar situations when Daryl was employed by the City of Corvallis. Mr. Eckhardt was also employed by Montgomery Engineers and worked on the 1977 Water Master Plan. The results of Mr. Eckhardt's review of the incident has resulted in the report you are receiving tonight. cc: Dennis Barnts, Water Quality Superintendent Daryl McVey, Treatment Plant Supervisor Dennis Eckhardt, Brown and Caldwell encl: Eckhardt Report PW Report ORDINANCE NO. AN ORDINANCE AMENDING SECTION 18.20, 18.24, AND 18.28, OF THE LAND USE ORDINANCE OF THE ASHLAND MUNICIPAL CODE WITH RESPECT TO IMPLEMENTING RECOMMENDED PROGRAMS OF THE AFFORDABLE HOUSING PLAN, "AFFORDABLE HOUSING IN ASHLAND." THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 18.20.030 H. of the Ashland Municipal Code is replaced in its entirety as follows: "H. Accessory Residential Units, subject to the Type I procedure and criteria, and the following additional development criteria: 1) The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2) The maximum number of dwelling units shall not exceed 2 per lot. 3) The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA. 4) Additional parking shall be in conformance with the Off-Street Parking provisions for Single-Family Dwellings of this Title." SECTION 2. Section 18.24 of the Ashland Municipal Code is amended to read.as follows: "18.24.020 R-2 Permitted Uses I. Construction of new Condominiums, in accord with all density and site review requirements of this code. 18.24.030 R-2 Conditional Uses J. Condominium conversion of existing rental units subject to a Type I procedure and demonstration that at least 25% of the residential units are affordable for moderate income persons in accord to the standards established by resolution of the Ashland City Council through procedures contained in said resolution. Current residents of rental units proposed for conversion to condominiums shall first right of refusal to purchase the unit." i SECTION 3. Section 18.28 of the Ashland Municipal Code is amended to read as follows: "18.28.020 R-3 Permitted Uses I. Construction of new Condominiums, in accord with all density and site review requirements of this code. 18.28.030 R-3 Conditional Uses I Condominium conversion of existing rental units subject to a Type I procedure and demonstration that at least 25% of the residential units are affordable for moderate income persons in accord to the standards established by resolution of the Ashland City Council through procedures contained in said resolution. Current residents of rental units proposed for conversion to condominiums shall first right of refusal to purchase the unit." SECTION 4. Section 18.92.020 A. 1) and 2); and 18.92.020 D. 6) of the Ashland Municipal Code are hereby amended as follows: "18.92.020 Spaces Required A. Residential Uses 1) Single Family Dwellings 2 spaces for the primary dwelling and the following for accessory residential units: Studio units or 1-bedroom units less than 500 sq. ft. -- 1 space/unit 1-bedroom units 500 sq. ft. or larger -- 1.50 spaces/unit 2-bedroom units -- 1.75 spaces/unit 3-bedroom or greater units - 2.00 spaces/unit 2) Multi-Family Dwellings Studio units or 1-bedroom units less than 500 sq. ft. -- 1 space/unit 1-bedroom units 500 sq. ft. or larger -- 1.50 spaces/unit 2-bedroom units -- 1.75 spaces/unit 3-bedroom or greater units - 2.00 spaces/unit Retirement complexes for seniors 55-years or greater - (low-income) - 1 space/unit. 18.92.020 D. 6) Rest Homes or Homes for the Aged One space per two patient beds or 1 space per apartment unit." The foregoing ordinance was first read on the 19th day of March. 1991, and duly PASSED and ADOPTED this 2nd day of April' 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of April, 1991. Catherine Golden Mayor RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND SETTING FORTH POLICE SPECIAL SERVICE FEES PURSUANT TO THE ASHLAND MUNICIPAL CODE. WHEREAS, the Ashland Municipal Code authorizes the City Council to set fees for police special services by Resolution of the Council. NOW THEREFORE, BE IT RESOLVED, as follows: SECTION 1. The Police Department shall charge and collect the following fees at the time special services are performed: A. Special Police Service Fees. Chapter 2.48. 010 1. Copies of written internal department policies or procedures not exempted by ORS 192 .420 et seq. , copies of O.R.S. , or Municipal Code. $5. 00 for first page plus $. 10 for each additional page. 2 . Passport/Visa letters and copies of police reports not exempted by ORS 192 .420. $10. 00 per report. 3 . Fingerprints for civilians or civilian organizations. $10. 00 per first card rolled, plus $5.00 for each additional card. 4 . Photographs. $10. 00 for each department photograph. B. Liquor License Investigation Fees. Chapter 6. 32 . 040. 1. Original Application. $25. 00 for travellers accommodations, and $100. 00 for all others. ' 2. Change of ownership, location or privilege. . $25. 00 for travellers accommodations, and $75. 00 for all others. 3 . Renewals. $10. 00 for travellers accommodations, and $35. 00 for all others. 4. Temporary licenses. $10. 00 and may be approved by the Chief of Police without City Council review. C. Solicitors and Peddlers license investigation fee. $25. 00. D. Merchant Police license investigation fee. $50. 00. E. Pawnbrokers and Second Hand Dealers license investigation fee. $50. 00. The foregoing Resolution was READ and DULY ADOPTED at a regular . meeting of the City Council of the City of Ashland on the day of 1991. Nan E. Franklin City Recorder SIGNED and APPROVED this day of 1991. Catherine M. Golden Mayor AQmorttnAnm March 15, 1991 GREGO, Q� Honorable Mayor and City Council W Brian L. Almquist, City Administrator ram C29 4$1TDIPC� Agreement with Ashland Firefighters The City reached an agreement with the Ashland Firefighters Association just prior to a scheduled arbitration hearing on Monday, March 11. Negotiations began January of 1990 and continued through August, when impasse was declared by the Union. The parties had agreed in January to confine negotiations to salaries, health insurance benefits, and the term of the agreement. The settlement contains the following basic provisions: 1. Term of Contract - 3 year extension of present contract to June 30, 1993 . 2 . Salaries July 1, 1990 5% wage increase January 1, 1991 3% wage increase July 1, 1991 Min. 3% - Max. 6% (CPI) (Minus increase in insurance premiums) July 1, 1992 Min. 3% - Max. 6% (CPI) (Minus increase in insurance premiums) 3 . Health & Dental City will pick up increase in premium through June 30, 1991. For the next two years, employees will have increase deducted from any wage increase based on the CPI, but the wage increase cannot be less than 3% 4 . New Hires - The parties agreed to a new pay schedule for employees hired after March 1, 1991 which increases the time period between pay steps from six months to one year. Finally, the parties agreed to meet and discuss the possibility of opening the labor agreement on June 1 of this year. Since Blue Cross has estimated the premium increase at 29% this coming August 1, and since this increase will be deducted from any wage increase, it is my belief that further negotiations on health insurance will occur this year. Agreement w/Firefighters March 15, 1991 Page Two The costs to the City for the labor agreement for 1990-91 are as .follows: Wages 6.5% Health & Dental 1. 6% Total Cost 8.1% For 1991-1992, costs are estimated as follows: Wages 3. 0% (Minimum per agreement Health & Dental 4 .0% (Based on 29% increase) Total Cost 7.0% RECOMMENDATION: That the Mayor and City Recorder be authorized to sign the 3 year contract extension addendum. ADDENDUM TO AGREEMENT BETWEEN THE CITY OF ASHLAND, OREGON AND ASHLAND FIRE FIGHTERS ASSOCIATION LOCAL #2279 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS WHEREAS, there presently exists an Agreement between the parties effective July 1, 1987, through June 30, 1990, covering wages, hours and working conditions; and WHEREAS, the parties wish to extend and amend this agreement, and do so as follows: 1. APPENDIX "B" AND APPENDIX "B-111, are hereby changed by adding 5% to the current wage rates shown effective 7/1/90 and 3% to the 7/1/90 wage rates effective January 1, 1991. See attached APPENDIX. "B" AND "B-111 , dated March 1991. 2 . A pay schedule for employees hired after March 1, 1991 is hereby incorporated into APPENDIX "B" AND "B-1" as shown on these attachments. 3 . Effective July 1, 1991, the January 1, 1991 wage rates shall be increased a percentage amount based on the National CPI-W, March 1990 to March 1991 period, minus the cost of increased insurance premiums. There shall be a minimum wage rate increase of 3% and a maximum of 6%. 4. Effective July 1, 1992 , the July 1991 wage rates shall be increased a percentage amount based on the National CPI- W, March 1991 to March 1992 period, minus the cost of increased insurance premiums. There shall be a minimum wage increase of 3% and a maximum of 6%. 5. The parties agree to meet and discuss the possibility of opening the labor agreement on insurance, Article 17 Section 1 of the agreement, 30 days prior to the beginning of the 1991 and 1992 fiscal years. This can be done only by mutual agreement. 6. Maintain existing insurance coverages. 7 . Any wage comparability studies used in the future between the parties will consider the amount of insurance deduction as part of the total compensation received by Ashland Fire Fighters. This agreement will .be in force from July 1, 1990 to June 30, 1993 . ASHLAND FIRE FIGHTERS ASSOCIATION CITY OF ASHLAND, OREGON INTERNATIONAL ASSN. OF FIRE FIGHTERS LOCAL #2279 BY BY BY BY Date: /-2 V- Date: APPROVED: BY Date: Attest: City Recorder Date: