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HomeMy WebLinkAbout1998-0303.REG.MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 3, 1998 PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Wheeldon and DeBoer were present. Councilor Hagen was absent. APPROVAL OF MINUTES The minutes of the regular meeting of February 17, 1998 were approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. DEQ Presentation on Air Quality. Skip Knight, of the Medford City Council and Air Quality Plan Advisory Committee (AQPAC), and David Collier, wood heating specialist with the Department of Environmental Quality (DEQ) Air Quality Division in Portland explained how each area of the valley's air quality affects neighboring communities. Called for proactive steps to address air quality concerns, particularly with regard to a unified ordinance addressing residential wood heating curtailment (by May of 1998) throughout the Rogue Valley Air Quality Maintenance Area (AQMA) in light of new Environmental Protection Agency (EPA) standards for PM-2.5 ultra-fine particles. Stated that this will necessitate the allocation of some local funding and staff resources, but emphasized that the ODEQ is pursuing additional options for funding. Noted that a unified trackout ordinance to mitigate fine particle road dust is also being developed. Kevin Downey of the Department of Environmental Quality briefly noted his work on this ordinance. Explained that trackout can come from construction, road dust, orchards, hay, and etc., and that automobiles contribute particulates from both trackout on paved roads and dust from unpaved roads. Downey mentioned the current Jackson County trackout ordinance, noting it's similarity to Ashland's, and identified the need to address incidents of trackout besides construction in terms of defining the reasonable cautions needed for prevention. Explained that while the primary areas of concern are in the jurisdiction of Jackson County, Ashland is encouraged to address trackout with an ordinance as well. Discussion of continuing the oxygenated fuel program. Noted that this would be evaluated as new tools to measure fine particle emissions become available. With new standards, oxygenated fuels will likely be unnecessary, and the request will be made to discontinue their use. Discussion of the modeling used, and the possibility for air quality standard violations if each source emitted the maximum allowable amount during adverse weather conditions. Confirmed that this could occur, and that such modeling was acceptable to the Environmental Protection Agency (EPA). Discussion of the fact that thirteen states have standards for diesel trucks emissions similar to our the local I&M program. Noted that this was to be looked at by AQPAC. Mayor Golden noted that stringent woodstove emission standards were approved by voters almost 3 to 1, and the few things in the plan not being done now would likely be welcome to improve regional air quality. The Mayor noted concerns over the plan's silence on transportation issues. Stated that the plan needs to do more than merely mention encouraging multimodal transportation. Noted concerns over the Metropolitan Planning Organization (MPO) regional transportation planning group's inability to formulate a plan that was acceptable to City Council Meeting 03~03-98 1 the state and the fact that communities are not working together on the issue as evidenced by Medford's plans to increase N. Phoenix Rd. from two lanes to five despite the possible effect on surrounding communities. Knight, as chairman of the MPO, noted his intent to invite Ashland to participate, and agreed that N. Phoenix Rd. was perhaps the best argument for regional planning and communication. Mayor Golden noted her difficulty in signing on to the plan without an approved Regional Transportation Plan in place. The intent to have Ashland in the MPO is not enough. Need a state approved plan with Ashland at table as full voting member. Councilor Laws feels it is unwise to withhold support of one plan to get progress on the other. Also stated that what is acceptable to Ashland citizens may not be acceptable to others in the county. Noted the need to be cooperative and realize that we may not get our way, especially with regard to multimodal transportation. Golden explained her concern that transportation is part of the air quality issue, and this is why the state wants to reduce car travel. When transportation is removed from air quality, the whole issue is not being dealt with. Emphasized that despite the aforementioned interconnectedness of communities within the valley, Ashland has not been invited to participate in regional transportation planning efforts. Concluded that transportation mandates are from the state, and all communities need to be at the table helping to solve the problem. Knight stated that the MPO was established by Congress and Ashland was not included under the criteria set forth by Congress. Also explained that staff member Paula Brown has been involved in the MPO from it's beginning and is very knowledgeable in this area. Would like to see Ashland in the MPO and the AQPAC. Clarified that MPO Regional Transportation Plan hadn't been approved as it was unable to demonstrate conformity with certain PM-10 standards. Collier stated that while he recognized the seriousness of the transportation issue there was value in the woodsmoke prevention component, and he urged moving forward with that component while the area grapples with transportation issues. Discussed relative pollution contributions of various emission sources, stating that transportation is the most significant contributor, followed by major point sources and then residential wood smoke. This is according to the PM-10 standards, as PM-2.5 technology is too new to have any measurements yet. Emphasized the need for a proactive approach to address issues before they become problems. Concluded presentation, noting that this item would be placed on the agenda for the regular meeting of the Ashland City Council to be held March 17th, 1998. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Monthly Departmental Reports - February, 1998. 3. Appointment of Paul Nolte as Judge Pro-Tem for March 15, 1998. 4. Authorization by City Council for Interim City Administrator to sign ODOT grant for Oak Street Sidewalks, Curbs and Traffic Calming Measures. 5. Authorization by Council for Interim City Administrator to sign pre-purchase contract with Aquionix for the Wastewater Treatment Plant U/V Equipment. Mayor Golden requested that consent agenda item #3 be pulled for discussion under New and Miscellaneous Business. Councilor Deboer requested that item #4 be pulled for discussion under New and Miscellaneous Business. Councilors Hauck/Deboer m/s to accept the remainder of consent agenda. Voice vote: All AYES. Motion passed. City Council Meeting 03-03-98 2 PUBLIC HEARINGS 1. Consideration of an appeal of the Planning Commission's approval of a Physical and Environmental Constraints Permit which allows the placement of a structure (skateboard park) within the Floodplain Corridor. Project is located on Water Street Near Hersey Street (Applicant: Ashland Parks & Recreation Commission). Mayor Golden read the guidelines and procedures for a Land Use Public Hearing. PUBLIC HEARING OPEN: 8:03 p.m. EXPARTE CONTACT: Councilor Deboer noted that he had worked with the young people involved in the project for some time, and had met with the neighbors as well. City Attorney Nolte stated that this would not pose a conflict if Councilor DeBoer was able to remain unbiased, fair, and impartial. DeBoer stated that he could remain unbiased, fair, and impartial. All councilors present noted site visits or familiarity with the site. STAFF REPORT: Director of Planning John McLaughlin read the criteria for approval from the Ashland Municipal Code, Chapter 18.62.040. Explained that this was a request to construct a skateboard park, and that the applicant is the Ashland Parks and Recreation Commission. Application was originally approved by staff, and a request for a hearing was received in a timely manner. The Planning Commission conducted the hearing and approved the application as meeting all criteria. The action before council is an appeal of that decision. Project is proposed for the grassy area near the recycling depot. Noted that applicants have contracted with two different engineering firms. John Hardy of Medford noted that this park would likely he underwater during flooding and would not have an effect on the flood plain. Otak, Inc. analyzed using two models. Findings were consistent with Hardy with Hersey Street as it is now. With an approved bridge suitable for a 100-year flood event at the Hersey Street crossing, Otak also found no significant impact (a 0.01 foot change in flood levels was predicted.) McLaughlin stated that these findings would indicate compliance with the criteria. Noted that the proposal would develop a grassy area and enhance other areas. Also noted the condition set by the Planning Commission that the Parks Department work with the Planning Department and the Oregon Department of Fish and Wildlife to ensure that proper vegetation planning occurs. Explained that the area was formerly an storage yard for the Electric Department and had been covered in asphalt. It has since been dedicated to Parks. The current lawn is a recent addition. Both the Planning Commission and the Planning Department staff approve of the application as meeting all criteria. Councilor Laws noted that under this appeal, the decision is limited to the Physical and Environmental Constraints Ordinance. Emphasized that the decision to build and operate this park is up to the Parks Commission, and Planning may only determine whether construction is compliant. APPLICANT: Teri Coppedge/2927 Barbara St./Speaking on behalf of the Ashland Parks and Recreation Commission, stated that the issue is the Physical and Environmental Constraints Ordinance criteria. If two independent engineering firms have determined that there is no impact, that should speak for itself. Explained the criteria used for locating the site: it was to be near downtown, flat, not highly residential, visible, near bus routes, compatible with nearby park space, and easily patrolled by both the Ashland Police Department and the Park Patrol. Looking to lands owned by the Parks and Recreation Commission, this site was the best choice and despite neighbors' objections, the Parks and Recreation Commission feels it is still the best site. City Council Meeting 03-03-98 3 Coppedge introduced Noah Sanderson, a local skateboarder. Sanderson agreed with Coppedge's statements, and stated that the skatepark would not change the neighborhood in a detrimental way, and would in fact enhance community. Noted the landscaping that is planned for the park, and that rules will be enforced. Presented a model he had prepared of the proposed skatepark. IN FAVOR: Steve Kiesling/160 Scenic Dr./Noted his involvement in fundraising to build this park. Stated that the model presented is the sixth version he has seen in two years. Fundraising goal of $100,000 has been met. Noted work on ice rink, and it's success. Skatepark fundraising has raised $25,000 in 3 weeks, faster than ice rink, and he feels this park has more support, city-wide, than the ice rink did. Noted the donations have been small, and that the park was not bought and named by a corporation. It will be a community park built by the kids who want to use it. John Fields/845 Oak St./Originally concerned with concrete on green area near creek, but realizes that area was carefully selected. Noted that there are riparian issues around state and federal requirements, and that urbanization causes impact which can be mitigated. For instance, could move recycle center eventually for more green space. This design has minimal detrimental impact on impervious soil. Parking lot across creek is more of an impact (and could be filtered). Benefits outweigh cost, and negative impact should be mitigated to get a huge benefit to the community. Michael Donovan/189 Logan Dr./Over past year and half has followed project, and has become more involved in past six weeks. Stated that he admires the dedication and hardwork put in by young people, and that they have experienced city government at it's best in the planning and appeal process, as well as the fundraising process. Final fundraising was phenomenal. Hopes council will reach agreement to mitigate neighborhood concerns. Teens are often overlooked, and this project includes them. Also noted that skateboards are safer in a park than on the road. Peter Finkle/785 Beach St./Expressed support for hard work. Hopes concerns of neighbors can be addressed and that the project can move forward. His son loves to skateboard and wants to be able to enjoy this park. Feels that it meets the criteria, and that having two engineering reports submitted is above and beyond what is necessary. Steve Jannusch/336 Mowetza Dr./Represents Ashland Christian Fellowship. Not opposed to the park, but have some concerns over hours of operation. Ashland Christian Fellowship requests that park not operate on Sunday mornings as this would be disruptive to their services, especially during the summer months. Other concerns have been addressed. Parks Department has been exemplary through this process, and Ashland Christian Fellowship applauds the efforts of the kids. Would like council recommendation to Parks Commission to limit hours on Sunday mornings. This is less than five percent of daylight hours. Rick Landt/468 Helman St./Submitted a prepared statement, which he read for council. Feels that a park is needed, but not at this location due to floodplain and riparian habitat issues. IN OPPOSITION: Marie Radke/47 W. Hersey St./Creekview Terrace Homeowner's Association/Stated that none of those in favor of the project live in the neighborhood. Shocked that park is being built, as Ashland is developing every bit of open space. Stated that the Parks Commission is running this project through without public input. Aware of movement to increase salmon population and feels that this park is counter to that. Stated that Ashland is one of the few communities in Oregon not requiring riparian zone protection. No consideration has been made for parking, and the nearby tunnel is extremely dangerous with tofu factory and recycling center traffic. Current green area is lovely and enjoyed by both locals and tourists. City Council Meeting 03-03-98 4 Bill Radke/47 W. Hersey St./Creekview Terrace Homeowner's Association/Commented that last flood brought water onto his property, and this project won't help that flooding. He wasn't opposed to his neighborhood's LID at the time it was proposed, but doesn't approve of curbing that now routes water to his parking area. This is a riparian zone, and Ashland is only city in county that doesn't have riparian zone regulations. Sylvia Thomas/603 Oak St./Questions about this project proceeding. Was O.L.S.C. involved? What measures have been taken to deal with parking, lighting, and noise ordinance compliance? Raised environmental concerns over leaching of concrete affecting wildlife. Feels kids need good place to skate, but not sure that this is the place. Need an environmental impact statement. Concerned that if it does flood will there be insurance to cover damages. REBUTTAL: Parks Commissioner Coppedge recognized that valid concerns had been raised, and feels that the Parks and Recreation Commission has tried to address these. Ashland Parks Department has a good reputation as stewards of the land, and has some of the best parks in the country. The Parks Department does not destroy the land, but rather takes care of it and attempts to mitigate any negative effects. Stated that a skatepark is not appropriate at Garfield Park due to it's being highly populated with lots of young children. Apologized to the Radkes for their feeling that their opinions were not valued. Noted that there is a lot of greenspace in Ashland, and all of it is valued. Riparian zones are an issue for Planning, and if there were violations no permit would be granted. Stated that there are few drivers among the skateboarders, and traffic shouldn't be greatly increased. To address some of Sylvia Thomas's questions, the Noise Ordinance will apply, it will not be a nighttime facility and will not require lighting, and would close at dusk. There will be little in the park to be damaged in a flood. With regard to the Sunday morning operation issue, it can be addressed if problems arise. Councilor Laws noted the criteria requiring that the applicant take reasonable steps to mitigate adverse effects on the environment. Coppedge responded that paving does have an impact, but in this design, bowls will have drainage, vegetation will be included around park, and Lithia Park and other areas nearby are unpaved to mitigate adverse impact. STAFF RESPONSE: Discussion of whether reasonable steps had been taken. McLaughlin noted that the Planning Commission felt that this requirement had been addressed. Explained that the Physical and Environmental Constraints Ordinance looks at flooding rather than other environmental impacts. Also noted that the site is zoned industrial which would allow development at 85 % lot coverage. The proposed design is not at that level, and attempts to balance the various concerns. Emphasized that a Riparian Ordinance is under way. New state administrative rule, which looks at goal five resources including riparian areas, will require that city ordinances be updated to comply. Small cities can simply adopt a fifty foot setback, but Ashland's unique urban stream needs a more intensive approach taking into account Ashland Creek's flow through the city. Clarified that b0wl drains will empty into Creek, as do the storm drains in the area. Mayor Golden clarified that Ashland has a floodplain ordinance, based on the FEMA model, which has been in place for nine years. This limits development in the floodplain. In addition, one of the goals established in the recent goal setting session was to "Develop long-range plan for Flood Plain/Riparian areas." PUBLIC HEARING CLOSED: 9:06 p.m. City Council Meeting 03-03-98 5 COUNCIL DELIBERATION: Councilor Laws summarized his position. Noted that the decision is a difficult one. Feels that there are only two arguments relevant to this hearing. In favor of the skateboard park, it does not contribute to flooding. In opposition to the park, there are valid concerns about the riparian areas. Ordinance requires all reasonable steps to reduce impact, and based on the fact that this is an urban stream and the plan deals with the creek as best it can and provides for retaining vegetation and drainage, the applicant has reasonably reduced impacts though the situation is not ideal. Councilor Hauck noted the need to consider the maximum permitted development for the site. The proposed plan calls for much less development (and thus less environmental impact) than it could given the zoning. Councilors Hauck/Wheeldon m/s to approve the application with the attached conditions. DISCUSSION: Councilor Reid confirmed that the Noise Ordinance will be in effect. ROLL CALL: Wheeldon, Reid, DeBoer, Laws, and Hauck, All YES. Motion Passed. PUBLIC FORUM JoAnne Eggers/221 Granite St./Presented a copy of her personal log dealing with Ashland Creek conditions on February 21 and March 2. Read entries from her log on observances of Ashland Creek. Not seeking to assign blame, but to encourage all including city to take responsibility. On February 21, noted the creek was an opaque yellowish brown in color. Followed this discoloration to it's source and found slurry running into creek from city pit, carrying decomposed granite. Called Ashland Police and Public Works. Was told the pit had not been used in years. Was told that the staff member on duty would be contacted. Checked on situation later, and it was continuing. Mike in Public Works informed her that he had checked, the run off was definitely from the pit and nothing could be done. After intermittent rain on March 2, the situation was much the same. Straw, loose and baled, had been placed to stop the run off, but it had little effect. Emphasized that she believes this is not intentional, but feels that stating there is nothing that can be done is not a sufficient answer. Urges council to allocate resources and personnel to deal with this using a city-wide systematic approach and putting the Valdez Principles into practice. Mayor Golden requested this item be placed on the agenda of the next council meeting or study session and that Public Works Director Paula Brown prepare information for council. (Five minute break called) UNFINISHED BUSINESS None. NEW AND MISCELLANEOUS BUSINESS With regard to consent agenda item//3, the appointment of Paul Nolte as Judge Pro-Tem to perform a wedding on March 15, 1998, Mayor Golden briefly discussed the distinction between public versus private information and announced her forthcoming marriage to Rick Shaw. With regard to consent agenda item #4 (authorizing the Interim City Administrator to sign an ODOT grant for Oak Street sidewalks, curbs, and traffic calming measures), Councilor Deboer questioned the procedures for the planning of arterial streets and traffic calming measures. Public Works Director Paula Brown noted that currently there is a schematic design, and neighbors involved agree in concept, but some conflicts remain to be resolved. Stated that she would like to see a broader based community meeting to finalize designs. Noted that construction cannot start prior to July, but design work can continue. City Council Meeting 03-03-98 6 John Fields/845 Oak St./Have focused on how to pay for project, now need public process on design. Feels plan was consensual among those who wanted project, but there was no public process scrutinizing the engineering. Stated that portions of the project, such as necking down street and installing dividers similar to those in Portland or Eugene are experimental in Ashland. Public Works Director Brown noted that tree-well center divider pieces, bicycles, driveway approachs, and parking, can be addressed through engineering, but need acceptability within the neighborhood. As an arterial, this street is used by all residents, and public input is needed. Councilors Reid/Hauck m/s to approve items//3 and//4 of the consent agenda. Voice vote: All AYES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading by title only of "An Ordinance Adding Title 16 to the Ashland Municipal Code to Regulate, Facilitate, and Provide for Telecommunications within the City of Ashland." Councilors Wheeldon/Reid m/s to move the ordinance to a second reading. Roll call vote: Laws, DeBoer, Hauck, Reid and Wheeldon, All YES. Motion passed. Reading by title only of "A Resolution Exempting From Competitive Bidding a Portion of the Wastewater Treatment Plant Upgrades to Use Eimco Process Equipment." Councilors Hauck/Wheeldon m/s to adopt Reso. //98-03. Roll call vote: Reid, Laws, Wheeldon, Hauck, and DeBoer, All YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Councilor Deboer noted that the consent agenda had not been printed in the paper for this meeting. Requested that it be done for future meetings. ADJOURNMENT Meeting was adjourned at 9:34 p.m. Barbara Christensen, City Recorder Catherine M. Shaw, Mayor City Council Meeting 03-03-98 7