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HomeMy WebLinkAbout1999-0504.REG.MIN MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 4, 1999 Civic Center Council Chambers, 1175 E. Main Street PLEDGE OF ALLEGIANCE Mayor Shaw called the meeting to order at 7:07 p.m., in the Civic Center Council Chambers. ROLL CALL Councilors Laws. Reid, Hauck, Hanson. Wheeldon and Fine were present. APPROVAL OF MINUTES On page 3, Shaw asked that the paragraph beginning "Shaw noted the traffic congestion..." be amended to end "....and stated that although there was a recent article in the local newspaper that had numerous errors regarding the facts of The minutes of the regular meeting of April 20, 1999 were approved as amended. SPECIAL PRESENTATIONS & AWARDS I. Mayor's presentation of the Ragland Award to Jim Lewis. Mayor Shaw briefly explained the award, named for James Ragland, and noted Ragland' s many contributions to Ashland. Shaw commended Lewis for his many volunteer activities and his work in serving the community, and presented Lewis with a plaque and letter of appreciation from the Council. Jim Lewis thanked everyone present and spoke on the benefits of volunteering in a city like Ashland. Keith Chambers of the Historic Commission spoke briefly on Lewis's efforts on the Historic Commission. 2. Mayor's Proclamation of National Historic Preservation Week. Mayor Shaw read the proclamation in its entirety and announced a vacancy for one position on the Historic Commission. 3. Mayor's Proclamation regarding transit services. Mayor Shaw read this proclamation in its entirety. Councilor Wheeldon noted that "Try Transit Week" would be held next week, sponsored by the Rogue Valley Transportation District (RVTD). As part of the activities, bus service will be free on all RVTD buses on Thursday. Urged all citizens to consider transportation methods other than the automobile during this week. CONSENT AGENDA !. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports. 3. Quarterly Financial Report for March 31, 1999. 4. Approval of Liquor License Application from Robert Haney, Jr. dba/Bob's Golf Shop, Inc. 5. Approval of Liquor License Application from Don K!eary dba/O'Ryan's Irish Sports Pub. 6. Annual Liquor License Blanket approval. 7. First Addendum to the Agreement for Services Between the City of Ashland and Rogue Valley Community Television acting through the State of Oregon, the State Board of Higher Education on behalf of Southern Oregon University. 8. Memorandum of Understanding First Addendum between City of Ashland and USDA, Rogue River National Forest and Ashland Ranger District. Councilors Hauck/Wheeldon m/s to approve the consent agenda. Voice vote: All AYES. Motion passed. (Dtv Council Minutes 05/04/1999 I Shaw requested that Finance Director Turner see about including Financial Reports for the Parks Department along with the other Financial Reports presented to the Council. PUBLIC HEARINGS None. PUBLIC FORUM doo~s the Cs~licy must be adhered to. Suggested that people w a onc~rned with this issue should see one of Jennifer Traynor/Captain of the Ashland High School Crew Team/Spoke about the new crew team, and noted that they will be racing the football team at Emigrant Lake on Saturday, as well as providing rowing lessons. Noted their participation in several recent regional evems. Stephen Kiesling/Coach of the Ashland High School Crew Team/Noted that those wishing to make donations to support the crew team could send checks made out to "A.H.S. Crew Inc." in care of Ashland High School. Emphasized the level of community support demonstrated by the number of boats that have been donated, as well as funds provided by the Parks Department. and spoke about the work they have done with the County, Southern Oregon University, and the Parks Department to look at the possibility of creating an aquatic center at Emigrant Lake, complete with boat house and docks. Emphasized that this would be a good, environmentally friendly use of the lake that would have the potential for bringing international level competitions to Ashland. Emphasized that one competition might have 1200 participants, who would be in town during what is normally the off-season for tourism. Ma>or Shaw called a break from 7:35 p.m. to 7:57 p.m. UNFINISHED BUSINESS 1. Wastewater Treatment Plant discussion. Mayor Shaw noted for those wishing to speak this was not a time for public input, and explained that the public hearing on this matter had closed, and a decision had been made. The current item was for staff to provide information to Council and answer any questions they might have. Councilor Laws suggested that agenda items are normally open to public input. There was a discussion of past policy with regard to allowing public input. Hauck noted that it was his understanding that this was to be a time for staff to provide information. Fine emphasized that there has been tremendous public input on this item during the hearing, and stated that information from staff is needed. Public Works Director Paula Brown noted that she had provided a report to the Council and stated that she would discuss questions that the Council had asked previously. Brown clarified "Option 5" by explaining that it involved additional advanced treatment to remove phosphorous and allow creek discharge year round. Emphasized that this option would only apply to liquid effluent, and that biosolids would continue to be applied on the Imperatrice property. Noted this raised the issue of holding the Imperatrice property' s water rights trust for release in the Creek after irrigation season. Reid questioned the release of effluent from WWTP in the summer. Brown confirmed that this was during the irrigation season, which runs from April through September or October. Confirmed that more could be released during this period if the Imperatrice water rights were transferred. Explained that the Imperatrice property's total water right is roughly ten times what the WWTP discharges during the period of need. Reid questioned the possible transfer of this water elsewhere, and emphasized that any water used should be returned to the creek. Hauck noted that the period being discussed is the low flow period, and the WWTP discharge is not an issue forthe creek at this time. ('it~ Council Minutes 05/04/1999 2 Hanson questioned option 5, and Brown explained that it involved removal of the phosphorous with a chemical additive at an additional cost of $2.5 million, to allow the return of the water to the creek. Brown explained that the differences from previous estimates have to do with differences in the final design and plan. Brown stated this was listed as $29.9 million in the original plan. Both Laws and Hauck stated that the original figure was even higher. Brown noted that in her research, there is nothing to indicate that health risks increase due to the aerosol effect. Cited a 1998 book on Water Quality Management which lists numerous EPA studies over the past 20 years. Fine noted that some project opponents are concerned with odor, and questioned if disinfection would decrease the amount of odor. Brown explained that the source of odors is the drying ofbiosolids, and emphasized that the spraying of effluent produces no odor. Brown emphasized that the City's permit requires that all fixes be in place by December of 2000, with spray irrigation to occur by May of 2001. Stated that any changes to the City's plan would require changes to this timeline, and while this would be possible it would requires considerably more red tape. Brown noted questions about temperature will arise if discharge into the creek is considered. Explained that this is an unknown that will have to be dealt with. Emphasized that under the current plan, discharge is to occur only during a cooler time of year. Reid questioned the issues raised by Ron Roth about water rights that pre-date 1860. Brown noted that calculating water rights is not easy, as they are flow based, but stated that she could provide a letter from the state water master. Brown noted that Roth's rights are for Bear Creek not Ashland Creek. Brown confirmed that the City has dated water rights, and that the City holds the majority of Ashland Creek water rights. Emphasized that less than 10% of rights pre-date the City's. Reid reiterated that she would like to know what percentage of the City's total rights pre-date 1860, and emphasized that she had requested this information previously Laws clarified that there is a need to know what percentage predates other rights in order to address the issues raised by Roth. Reid asked for clarification on the need for tributaries to Bear Creek being allowed flow to meet earlier water rights. Nolte explained that there will never be a requirement to release water from Reeder Reservoir to augment flows; the only requirement would be to release what is coming in. Reid again questioned rights pre-dating 1860 that have a need for flows. Brown stated that rights are flow-based and the number is very small. Stated that she would provide this information to Council tomorrow. Reid questioned if downstream rights have rights to flows in Ashland Creek. Nolte stated that he will not dispute what has been said by the State Water Master, but feels that it is a matter of interpreting these statements. Reid asked for confirmation that there could be downstream rights on Bear Creek to Ash land Creek flows as Ashland Creek is a tributary to Bear Creek. Discussion of temperature and previous intention in using wetlands. Brown noted that "BacGen" technology has not been proven, and would not be used with the current WWTP technology. Reid noted speaking with Bob Eimstad of Carollo and Andy Eckhardt of the Northwest Energy Alliance, who are testing BacGen. Stated that this technology appears to have been efficient at one site, and they are establishing a peer review group. Emphasized that this technology is not proven and is not applicable here at the time. Reid noted that USA in Tualitin is challenging the state on the 0.08 phospate level, as their groundwater is higher than 0.08, as is rainwater. Emphasized that this limit is not good science, and suggested that the City should support this move against the DEQ to enlighten them. Reid asked that Nolte look into this matter with USA's attorney, as it would benefit many communities if the phosphate limit were changed. ('ttv Council Minutes 05/04//999 3 Hauck agreed, but stated that it would mean the WWTP is being over-engineered. Suggested that there is a need to meet current DEQ requirements and deadlines now. Shaw expressed her hope that technology and/or standards will change. Brown discussed the possibility of using Imperatrice water rights for irrigating other locations, such as North Mountain Park. Laws emphasized that the guiding principle in this project is to maintain the creek in as harmless a manner as possible. including the need to replace water in the Creek. Need to meet this obligation before deciding on beneficial use elsewhere. Brown reminded Councilors that spray irrigation will be done with "big guns", with a weather station to control spraying. Emphasized that the weather station is a $12,000 high tech unit that looks at several elements. explained that the sprinkler heads are 1.1" and can vary the opening size to meet needs. Reid questioned whether there will be on-site monitoring, and Brown confirmed that the site would be monitored but not 24 hours a day. Pointed out that the site can be irrigated even late at night based on weather conditions. Laws questioned the math of spraying, noting some discrepancies found in the report by an acquaintance. Brown noted that she had heard this. and while she did not do this math, she felt the consultants had answered these questions satisfactorily. Brown guaranteed that the City can irrigate on rotation and use appropriately. Laws questioned the neighbors' testimony that there is always wind during irrigation season. Brown noted that the goal is that there be no run-off. and the City will use as many sprinkler heads as possible while preventing run-off. Brown emphasized that she has complete faith in Carollo's design and that the DEQ has checked all plans and designs. Brown confirmed for Wheeldon that there are two holding tanks, to hold 35 days worth of effluent at 2020 levels. Laws asked that Brown check the calculations used to be sure. Freeman noted that he had not heard that the calculations were in question, and asked for copies of the discrepancies so that they can be verified. Emphasized that it would be hard to believe that calculations would be found incorrect at this late stage in the process. Brown confirmed liar Wheeldon that if wind were enough to carry sprayed effluent offof the site, no spraying would be done. Laws questioned what would need to be done to address temperature concerns for year round discharge. Brown stated that this would not be known until everything is built, and at that time, there would need to be a temperature management plan developed to look at the point source and surrounding conditions. Suggested that this plan might involve working with equipment. time of release, trees, the use of wetlands and other factors to control the temperature of discharged effluent. Laws questioned how the aerosol problem was referenced in Brown's book. Brown read that the health risk is seen as low. with no disease outbreaks reported. Discussed the proximity to Mountain Meadows, with Brown confirming that her own house is closer to the project. Stated that Mountain Meadows is 3/4 to 1 mile from the bottom of the site. Brown emphasized that spraying will be stopped when wind velocity is such that effluent would be carried off site. Stated that the weather station will monitor both wind direction and wind speed. Brown emphasized that the City would not over- ride the measures that prevent spraying when it is windy, and would not threaten the health of those near the site. Fine clarified that there are pathogens in the sprayed effluent, as there are pathogens in drinking water and streams. Explained that the number is low. and that sprayed effluent has never been shown to cause a disease outbreak. Bill Craven noted that he wished to be heard on this matter, and was again informed that this was not the time for public input. NEW AND MISCELLANEOUS BUSINESS I. Council Meeting Look Ahead. Freeman noted that the item on Economic Development will be an exploratory discussion. Stated that items #23 and #24 were topics from strategic planning. Explained that items #2 & #3 are for the study session to be held Thursday May 6th. ('itr Council Mmutes 05/04/1999 4 2. Presentation regarding Open Space Purchase of Alston Property. Freeman noted that the sale of this property had already closed, so the matter did not require discussion. Noted that the Local Improvement District is moving ahead. 3. Motion to partition Cline/Bryant Property. Ken Mickelsen, Parks Director, explained that the Cline Bryant property was purchased some time ago, and there have been discussions of possibly partitioning the property and selling the house. Stated that he recommended that Council authorize this and he would then work with Planning on the partition. Explained that money from the sale would go back to Open Space Fund. ttauck noted that one of the houses is a single mother with child who has been there for 15 years. Mickelsen stated that they have worked with the tenant, and made her aware that she may be asked to vacate eventually. Hauck suggested looking at partitioning and donating this to the newly forming Community Land Trust so that the tenant could remain and become a property owner. With regard to the larger property, stated his hope that the Land Trust would be given the opportunity to purchase. Funds would go to reimburse the Open Space Fund, and it would be a great opportunity tier the Land Trust. Council discussion of the existing houses. their condition and approximate values. Wheeldon questioned the status of the Land Trust. Hauck explained that it is being formed and will be funded in the next budget. Noted that the trust is being run by ACCESS in conjunction with the Housing Commission. Suggested making the current tenant a trust member, with the likelihood that a new building would be constructed, 'a la Habitat for Humanity, while raising money is being raised to buy the larger piece. Reid questioned the small house's lot size. Emphasized that she did not want to diminish Open Space, but that she is all li3r low income housing. Noted her concerns for energy conservation standards, and emphasized the benefits of building a new house on the smaller lot. Suggested partitioning and looking at options then. Hauck noted that the property would then come before the Council when partitioned. Laws stated that there is no plan to develop now, and this matter could be looked at further as the park is planned. In the meantime, the property and the tenant can be kept in mind. Mickelsen pointed out that the issue here is the larger piece of property, as there is a need to partition and sell quickly. Emphasized that this is a four bedroom home that has been sitting vacant for some time, and that it would sell quickly. Wheeldon questioned whether the Land Trust would be competing for CDBG funds. Hauck stated that it would not, as it would only be funded once, not annually. Councilors Reid/Fine m/s to allow the property to be partitioned and to move forward to sell the parcel, with money to be returned to the Open Space Fund. Discussion: Nolte clarified that this is city property under Open Space control. Shaw explained that both Parks and the Council agreed to the original purchase, and that the title rests with the City. Noted that the property is not yet dedicated as open space, and that it will be partitioned, and the value of the sold partitioned property returned to the Open Space Fund. Hauck emphasized that he would like the trust to purchase this property. Reid noted that this property could become a lodging business, and she feels that it would not be an efficient use of Land Trust funds. Discussed the value of the house/lot as roughly $135, 000, as it needs a good deal of work. Voice vote: All AYES. Motion passed. Mickelsen confirmed that the property would be partitioned, and will be the City's responsibility. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Reading by title only of "A Resolution Stating Purchasing Preference for Certified Sustainable Wond and Wood Products." Councilors Hauck/Reid m/s to adopt Resolution #99-22. ('m Council Mimttes 05/04/I 999 5 DISCUSSION: Steve Gretzinger, of the Rogue Institute for Ecology and Economy, and Administrative Services Director Dick Wanderscheid came forward to answer questions. Wheeldon questioned whether the Council would be keeping business from local businesses with this ordinance, as retailers must pay for certification in order to carry certified lumber. Gretzinger there are five accredited certifiers around the world. Explained that independent experts must evaluate operations against a set of criteria, and those who manufacture or retail wood products must have a paper trail in keeping with their certification. Hanson questioned the certification process. Gretzinger stated that there are environmental, social and economic aspects looked at to ensure that the wood purchased is from a we!l-managed, sustainable forest. Emphasized that this is not necessarily just anti-clearcut, as dearcuts can be appropriate on small scale. Laws questioned if local retailers were involved in creating this ordinance. Wanderscheid noted that Ashland Lumber had participated, and had suggested that lumber be bid separately. Stated that other retailers were invited, but did not participate. Ashland Lumber was interested and participated. Gretzinger noted that Copeland's supplier in Medford is certified as well. Wheeldon questioned where wood is purchased now. Freeman explained that it is typically dependent on the builder. Wanderscheid noted that the original resolution did not include City projects, but it was changed to include even small City projects. Shaw noted her willingness to pay more for products from better managed forests. Fine expressed his support despite initial skepticism, but noted concern that this resolution could raise the cost of other projects, such as the Library or Fire Station. Fine noted new standards for public construction are still to be discussed. Noted percentage proposed to be set aside for the arts. Suggested that one year review may not be enough, but he would like to include a sunset clause as noted in the amendment he has circulated for section 3. This would give the Council an opportunity to look at costs versus success. Wheeldon questioned how measurements of success could be made. Fine noted that the recitals list items such as increased market, adoption elsewhere, and assuring sustainable practices, and stated that he would like to not have things left open ended. Gretzinger noted that one way to look at success would be to note whether local businesses and land owners were entering the arena for certification. Stated that you could also look at other cities, and at growth in the industry. Wheeldon suggested that there is a need for measurable criteria. Shaw noted that the Conservation Commission will review in this resolution and report to Council, in 1 year, as it is written. Councilors Fine/Reid m/s to amend the proposed resolution so that section 3 reads, "This policy set forth in this Resolution shall be reviewed for its effectiveness in accomplishing the I~oals set out in Recitals to this Resolution by the City's Conservation Commission one year 18 months after its adoption. The Commission shall report its findings and make a recommendation to the Council as soon as possible thereafter no later than March 1, 2001. lhe Resolution shall cease to be of effect after June 3, 2001, unless sooner renewed by the Council." Discussion: Council discussed whether this "sunset clause" was necessary given the standard practice of a commission report back to Council after one year. Hanson questioned who sets certification standards. Gretzinger noted that the certification standards were a cooperative effort between the timber industry, environmental interests and a social contingent. Wanderscheid stated that more details could be provided, and Gretzinger noted that the Home Depot will carry certified wood and Willamette Industries will be certified. Pointed out that the program has been written up in the Wall Street ( 'in' Council Minutes 05/04/1999 6 Journal, and while it may have begun as a fringe effort it has become more mainstream of !ate. Roll call vote on Fine's amendment: Laws, Reid, Hauck, Hanson, Wheeldon, and Fine, YES. Motion passed. Roll call on the amended motion: Fine, Wheeldon, Hanson, Hauck, Reid and Laws, YES. Motion passed. 2. Reading by title only of "A Resolution of Intention to Provide for improvements to Central Avenue Consisting of Paving, Curbs, Gutters, Storm Drains, Sidewalk, and Associated Improvements and Setting a Public Hearing." Nolte re-read the corrected Resolution. Brown noted that the correction involved that this LID involves one lot, owned by Lloyd Haines, and that he is aware of the formation. Stated that the public hearing would be on June 15th due to required noticing. Councilors Hauck/Fine m/s to adopt Resolution #99-23. Roll call vote: Hauck, Hanson, Reid Wheeldon, Laws, and Fine, YES. Motion passed. OTHER BUSINESS FROM COUNCIL Hanson stated that he would prefer to conduct another public hearing on the Wastewater Treatment Plant issue. Council discussed this matter, noting the number of previous hearings and the amount of infonnation presented. Reid expressed concerns with another public hearing given that the manner is being appealed in a suit before the Land Use Board of Appeals (LUBA). Shaw noted that it would be difficult, if not impossible, to change course now, as the city is at the limits of bonding. Suggested that a public hearing would not be right when changes cannot be made. Reid exited at 9:55 p.m. Fine stated that he feels many of those speaking out in the community are doing so because of misinformation and scare tactics by project opponents. Suggested that although the public hearing cannot be reopened, the Council can explain what is being done, why and what health risks exist. Shaw noted that these issues can be addressed without a public hearing. Wheeldon/Hauck m/s to continue the meeting past 10:00 p.m. Voice vote: All AYES. Motion passed. Laws suggested that as long as Council discussion occurs, the public should be able to have input, as this has been allowed in the past. ADJOURNMENT The meeting was adjourned at 10:02 p.m. Derek D. Severson, Assistant to the CiO, Recorder Catherine M. Shaw, Mayor ('~(x, council Minutes 05/04/1999 7