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HomeMy WebLinkAbout2000-0419.CONT'D.MINMINUTES FOR THE CONTINUED REGULAR MEETING ASHLAND CITY COUNCIL April 19, 2000 Civic Center Council Chambers, 1175 E Main Street CALL TO ORDER: Council Chairperson Steve Hauck called the meeting to ord~ at 12:00 p.m., in the Civic Center Council Chambers, Mayor Shaw arrived late. IN ATTENDANCE Councilors Laws, Reid, ~auck, Wheeidon and Fine were present, Hanson arrived late. CONTINUING DISCUSSION OF WASTEWATER EFFI4UENT MANAGEMENT OPTIONS Public Works Director Paula Brown presented to the council a compressed schedule on how staff planned on meeting the DEQ deadlines. She stated that Bob Elmstad from Carelie Engineers will return at the May 2"0 council meeting with final memos on each of the options for council ciscussion. She clarified that the council will be asked to make a final decision at the May 16 meetlag in order to present as much of a 90 percant proposal to DEQ by June Brown explained that there are two options being considered ~n the off-Site in rogerds to revised sprinkler heads. The options are: 1) continuing with the pasture grasses by do~Ibling number of sprinklers, and 2) an laterest in poplar plantation. Brown stteted that final discussion will include the following: ~) Water Quality Management Plan and how the city generated for. She explained that she will provide as much information as possible, on the temperature and phosphorous removal of which will include costs. Brown stated that she has asked DEQ, DLCD, DeperUnent of~Agriculture and the Health Division to attend the May 16~ meeting. She felt that it was is important to hear fi'om thf~se agencies and allow for further questions and clarification. Brown requested that council confwm that she ~ addressed all ofthelr concerns and is on the right track. Brown clarified for the council that she had asked DEQ to am a memo on how the TMDL's were developed. In addition, she has asked for the Department of Foreslry' 'sPOliation on background phosphorous levels in Ashland Creek. Brown discussed the idea of a pilot study being conducted in ~e Applegate, and explained that such a study would bring all the right agencies together to discuss how much wanlr is in the creek and what kind of water is in the creek. She explained that while this may relate to the Wastewater Treatment Plant, it is not the solution to the Wastewater Treeanent Plant effluent issues. Reid commented that in order to get assistance from the Governor' s office, the city would have needed to have approached DEQ first. She questioned how the city was going to ask DEQ for additional time so that Governor' s office could then land support. Brown stated tha~ she does not know if the city has time, that time was previously asked for in 1994 and she f~eis that DEQ is out of time. She explained that if we do not give DEQ a plan on June 3 end do not have reasonable justification for additional time, she does not see DEQ granting any additional time. Reid questioned how we expect to get more time if we do not ask for it. And emphasized that the city continues to be under a ~eat deal of pressure. Freeman suggested that staff continue with the project as planned and explained that the council will be maklag a final decision on May 16, which will clearly direct staff, dspemding on what option the council chooses. Carelie Engineers' Bob Elmstad clarified for the council that his fwm does not have a conu'act, nor is it in their scope of work, to create a design plan that would reduce phusithorous through the new wastewater treannent plant He explained that the conWact with their fh~n was to design the Wastewater Wearmerit plant and the spray irrigation facilities. Elmstad stettd that, if the council were to ask their fUTn tO design a plan, an ambitious design schedule Continued Council Meeting 4-19-00 Page 1 of 4 would be about six months with the assumption that they could resolve the permitting issues that are still outstanding. Brown clarified that the meeting scheduled on May 2, end the information that will be provided at this meeting, will give the council more clarity on how to ask for en extension.: She explained that at this point, she wouldn't know what the extension was for or how to ask for it. She stated that staff needs to show reasons for the extension with substantial information that bach up the request. Reid felt tliit the council had asked staff to continue to pursue the in-su'eam option and stressed the importance of strategy. Reid commented on her understanding that en OSU Extension Professor, who accompenied a group looking at the spray irr/gation site for possible poplar plentation, had broug_~t up two possible problems associated with poplar planting. One was absorption rate before the poplars are two years of age end keeping the grasses down until they are able to survive by the use ofherbicides. She hoped that t~ese two issues would be brought up under discussion when the poplar plentation is proposed. She also mentioned that she hoped there would be discussion at the May 2 meeting regarding whether the Department of Agricuiture wm~ted to be a part of poplar plentations. Eimstad sWessed the importance of staffknowing if the inforshation that they are preparing is the information that the council needs in order to make a difficult decision, solution that includes figures addressing the temperature issues. Brown clarified for council that if the Oregon Depa~mont of Fish & Wildlife is unable to attend the May 16 council meeting, she will make sure that they are contacted ~rough ~e water quantity menagement plan. She confwmed that staff will address drip irrigation at the spray in'igation site. Wheeldon requested that the temperature issue is separated oat from the discussion regarding tertiery Weatment Council concurred with Eimstad's summarization on the foll~c!wing ~ptions to discuss: 1) Going in-stmun with high tech treaUnent facilities; 2) Discharge into the creek out ofth~ wetlends; 3) Continuing 'with pasture grass, but use low tnjectory end smaller sprinkler heads; end 4) Alternate s~ricultoral practices which are conducive to smaller sprinklers or a drip irrigation system. Brown clarified for the council that al of the Federal Agencie~ are not yet talking about the En&mgerad Species Act end all the other issues that have fallen out because of the Clean Water Act. Eimstad shared information that he gathered at a conference where diseussiun took place in regar~ls to setting water quality standards. It was determined that they all needed to set the same standards end process to protect fish end then have DEQ end EPA Wheeldon voiced her feeling of, "out of integrity,' that the ciiy cannot get through this first step. She explained that this is what is driving her reticence in trying to string this out,' Laws commented that there have been problems associated with getting needed information end decisions end that this has slowed down the process. He stated that what will be~important to him, in making a decision in favor of putting the water back into the creek, is going to be that there could not be any future demend put on the city, to put the water back into the creek that we are taking out in order tO make a quantity problem. Eimstad clsrified for council that they would not be able to bring back a plen that would integrate going in-sWeam with high tech and using discharge into the creek out of the w~tlands by the May 2 meeting. He explained that they could come up with what it would cost to treat for various levels ofphusphorous reduction, but it would not include information on how much wetlend area would be needed to correspond to those various levels of phosphorous reduction to meet the .08 level Eimstad stated that the high tech solution merged with weftends has no need for a fishery biologist's involvement. He feels that it would be necessary to have a fishery biologist do an essessmont on exactly where there is a need to determine water temperature levels. He explained that the water quality standards result in permit limits, end that the permit limit drives the treatment plent design. Continued Council Meeting 4-19-00 Page 2 of 4 Shaw cautioned the council that we may be lrying to fix problems that we have not been asked to fix. She felt that we would do better to see what we caa accomplish with our Wastewater plant and then see if the wetlands can pull out the phosphates. Laws noted a memo that was submiRed by city adminislratorand requested that the council discuss the short and long-termeffectofthewetlandsdemonstration. Wheeldon sl~ted that the proposed experimentation for the wetland project will not help in this particular problem. She does not ~foel that we should give up looking at wetland solutions for the long term. She questioned if the city should!commit itself to this project right now. Raid voiced her concern on receiving the mamo from staffaqd~ felt that the council had held a prolonged, deliberate discussion regarding the wetland proposal. She stated her colicera with dismissing the vote that the council had made, the presentation that had been held, end the public hearing. the Greenway, the heavy equipment from the treaUnent plentiproject and failure from our consultants. had ~ede a hasty decision and would like to retract fi'om this;decision. He voiced his interest in the technology of wetlends, but is uncomfortable with spending more dollars t~ replace what may be in place and is successful Councilors Laws/Fine m/s to reeonskler vote for approval of $125,000 additional funding for modification to wetlands demonstration. DISCUSSION: Shaw noted that there had been enmpinin4s from the Wetlands Coalition regarding the performance of CES implementing the test project. She s~ggastod that this is an opportunity to stay at the table in regards to wetlands, but that the eity should hold .io the $12S,000 amount requested. Shaw reminded enunell that Dr. Gearhardt had told the counei|many years ago that for this typo of wetland, it would take about 200 acres. She suggested that rolefenceS he ehecked for the consulting firm and about the process that is being used in Florida. Shaw noted if we want this community to feel committed to a spray irrigation project, the city needs to continually exhaust a~! possibilities regarding new toehnolofy and cost evaluation. Fine voiced his support to reconsider the motion. He he as that the city should stay in wetlands, but find wh, commented that this is an experiment and that there is ne~ time for experiments. Reid explained that staff did not binme the consultants fo~' the problems associated with the wetland project, but rather that there were impacts from the Greenway add Wastewater Treatment Plant projects and to put all of the blame on the consultants is wrong. She expressed her desire to look to the future, Laws questioned if we know enough and have enough con~idence in the individuals involved in terms of the does not believe that there is enough time to accomplbh ~hat needs to he done by this summer and if it is not done this summer is doesn't do any good to do it all He sisted that the council should support the motion to reconsider and then to put it back on the table to vote doWn. Brown explained that 3-6 months of data will not give col~neil, Carolio Engineers or DEQ enough information or adequate data to make a decision. She stated that if the council wants to do thJs, they should look at an 18-24 month analysis. Hanson would like to look at the wetland project as a project in its own right. He understands that there isn't adequate time allowed to get the necessary data in tojrms oftrearing water, but would like to see the wetland project continued. Laws pointed out that by the time adequate information was provided, another Continued Council Meeting 4-19-00 Page 3 of 4 alternative would have already been launched that the ci~ is committed to. He questioned how the wetland would be applied when another alternative was already loplace. Wheeldon sated that she does not want staff to spend any more time on anything eke other than what can be implemented io time to start cleaning up our water. She voiced her support of iooking at the pilot . wetland in a year, in order to collect data for the amount 4~f time that is needed, in order to make a decision, with the possible implementation in twelve years. Reid requested that the motion include evaluation of the firm and information in hand from the Florida Department of Environmental Protection. She feels that We are cheating ourselves if we do not look at wetlands as a part of a higher tech plan. Shaw made clear her position in not asking DEQ for mor~ time. She does not feel that evaluating the wetland is about asking DEQ for additional time. Hauck noted that he is not willing to do non-natural meam for putting the water back into the ereeL ROLL CALL VOTE: Laws, Hanson, Wheeldon and Fioe~YES; Reid and Hauck, NO. Motion passed 4-2. m Councilor Fine left the meeting at l :30 p.m. Cate ltartzell/881 E. Main St/Questioned ff additional RVCOG data has been considered and i~s the cost of litigatlonfortemperaturebeiogrecalculatedwasbeiogconsioered. She clari~ed that RVCOG has negotiated Memorandum of Understaadiogs between all the relevant agencies and have been meeting for more than two years. Brown clarified that the National Marine Fisheries Service ~v!FS) and the Oregon Department of Fish & Wildlife (ODF&W) will be addressed in the Water Quantity Management Plan and will check to see if these agencies can be invited to the council meeting. Hartzall also suggested that i~the option involving spray irrigation changes, the city should consider selling the property as a means of offseRiog project costs. She requested that the ioterrmlized costs be exteroalized for public information. Eimstad clarified that there are continued challenges iovol~ed in coordinating the agencies in regards to the Clean Water Act and the Endangered Species Act. He stated that the purpose is to protect fish population and that there is no economic consideration. Shaw stated that it is iocumbcnt upon the city to keep an open dialog with the agencies that will affect the city or that the city would affect through our process. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Reading by title only of "A Resolution Establishling the Name of Old Masonic Walkway to b~ Applied to the Public Walkway at 25 N. Main Str~eL Councilors Laws/Hanson m/s to approve Resolution # 200D-09. DISCUSSION: Council questioned the name "Old Masonic Walkway." Roll Ca.ll: Laws, Reid, Hauck, Hanson, and Wheeldon, YES. Motion OTHER BUSINESS FROM COUNCIL MEMBERS None. ADJOURN NT M ' ' : . 1~ Barbara Christensen, City Recorder Continued Council Meeting 4-19-00 Page d of 4