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Home My WebLink About2012-0918 Council Mtg MIN ASHLAND CITY COUNCIL MEETING September 18, 2012 Page 1 of 3 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 18,2012 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin,Morris, Lemhouse, Slattery, and Silbiger were present. Councilor Chapman was absent. MAYOR'S ANNOUNCEMENTS I Mayor Stromberg announced vacancies on the Public Arts Commission, Transportation Commission, Tree Commission, Firewise Commission, and the Audit Committee. APPROVAL OF MINUTES The minutes of the Executive Session of September 4, 2012, and the Business Meeting of September 4, 2012 were approved as presented. SPECIAL PRESENTATIONS& AWARDS Mayor Stromberg's Proclamation declaring October 7-13, 2012 as Fire Prevention Week was read aloud. Division Chief- Fire Marshal Margueritte Hickman introduced Terri Eubanks as the new full time CERT Coordinator. Conservation Specialist Julie Smitherman introduced the water wise website Water Wise Landscaoino in Ashland designed to help create landscapes that incorporated native and drought resistant plants. The website included garden tours with hot links to identify plants, soil content, watering information, irrigation, landscape design, and a watering information line 541-552-2057 along with the ability to click and save photos and information to a favorites section. Mayor Stromberg's Proclamation declaring September 21, 2012 as International Day of Peace was read aloud. Mayor Stromberg read a statement from the Mayor and Council supporting gay and lesbian marriage. CONSENT AGENDA 1. Approval of Commission,Committee,and Board Minutes 2. Approval of a liquor license application for Todd Tennyson dba Anya's Thai Bistro 3. Approval of a liquor license application for Karen Stacy dba Alchemical Solutions,LLC 4. Appointment of Matt Warshawsky to the Firewise Commission 5. Approval of a property easement request.for a driveway in the Westwood area. 6. Award of a contract to the apparent low bidder for the Ashland Creek trunkline reconstruction 7. Approval of an Intergovernmental Agreement between the Oregon Department of Transportation and the City of Ashland for Code Assistance for the Unified Development Code,Phase Two 8. Special Procurement of a service agreement for use of NEOGOV on-line recruitment and application tracking.services Councilor Lemhouse/Morris m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed. ASHLAND CITY COUNCIL MEETING September 18, 2012 Page 2 of 3 PUBLIC HEARING 1. Acceptance of an offer for a land exchange with James C. Miller, adjacent to the Ashland Gun Club Engineering Services Manager Scott Fleury explained the item was on an earlier agenda but the appraisal in the staff report did not meet Oregon Revised Statutes requirements. The City contracted with the same appraiser to perform a full appraisal of the City owned parcel and Mr. Miller's parcel. The appraisal determined the net value of the proposed land exchange and sale was $70,500 and equated to 3 acres of City land exchanged to Mr. Miller for 12 acres of his property and an additional $70,000 net value for the proposed swap. Mr. Miller had reviewed the appraisal and asked for $67,500 as compensation for the exchange and sale of the property. The property was situated 300-feet from the Ashland Gun Club shotgun range where shotgun pellets that could travel up to 700-feet. Soil sampling revealed an accumulation of shotgun lead pellets on the property that resulted in the proposed land exchange and sale. Currently Mr. Miller could set the level of use and the level of cleanup required on the property. If the City owned the property, it could set the level of use and cleanup and incorporate it into the Gun Club lease. The 12 acres came with a 4.5-acre irrigation right from TID (Talent Irrigation District) that could be used onsite or transferred to another site within the city. Since the property was outside city limits and the urban growth boundary, Jackson County required a planning process that entailed a property line adjustment using a Type .1 or Type 2 permit, surveying the property and filing it with the county surveyor. Mr. Fleury clarified the level of cleanup was defined by level of use and the land was exclusive farm use (EFU)at this time. Cleanup would fall within County approvals for the EFU land itself. Public Works Superintendent Mike Morrison explained if the City went through with the land exchange and sale, they could append the land to the Gun Club Lease. Currently the Gun Club was in the process of developing a lead harvesting plan. They were also interested in having use of the property. City Attorney Dave Lohman added they would amend the boundaries of the leasehold so the existing terms of the lease would apply to that area and the Gun Club would be liable for cleanup. Public Hearing Opened: 7:29 Public Hearing Closed: 7:29 Councilor Lemhouse/Slattery m/s to accept the offer of a land exchange and sale as proffered by James C. Miller. DISCUSSION: Councilor Lemhouse thought it was a prudent and reasonable solution. Councilor Morris motioned to amend the motion and make the acquisition of the property contingent upon appending the lease to include this in the Gun Club's property. Motion died for lack of a second. Councilor Voisin would not support the motion for several reasons. With the purchase of the property, City taxpayers' would have spent $230,000 on the Gun Club in the last four years. Mr. Miller was a'Gun Club member and allowed the Gun Club to use the shooting range knowing it was polluting his land. The acquisition would increase the property used by the Gun Club from 32 acres to 43 acres and the City would be responsible for cleanup of the entire property. The Gun Club should have changed the use of gunshot pellets from lead to steel years ago when they knew it was polluting the property and only made the change January 2012. That action made her question how serious the Gun Club was about not polluting City property., She could not support the continual spending of taxpayers' money for a Gun Club that deepened the City's liability for an expensive cleanup. Roll Call Vote: Councilor Morris, Lemhouse,Slattery,and Silbiger,YES; Councilor Voisin,NO. Motion passed 4-1. PUBLIC FORUM Nancy Nelson/149 Clear Creek Drive/Explained that earlier this year conservationists in the National Marine Fisheries Service formerly took up the issue with the Environmental Protection Agency requesting ASHLAND CITY COUNCIL MEETING September 18, 2012 Page 3 of 3 tougher restrictions on soil-grown foods that affect waterborne species. She noted the document she submitted into the record regarding genetically modified (GM) crops and how the pesticides and herbicides commonly used with them were toxic to aquatic plants, insects and fish, in particular the salmon. She went on to note Monsanto was engineering and patenting self-terminating terminator seeds that required farmers to purchase new seeds for each harvest. GM fish manufacturers were producing fish that would not reproduce. Scientist studies confirmed second and third generations of hamsters and rats and first generation of pigs were smaller, sickly, and sterile. .Recently Brazilian farmers won a $2.2 billion lawsuit against Monsanto. California was bringing forward Proposition 37 that would require GMO labels on products. Five million farmers successfully sued Monsanto for 7.7 billion Euros and India filed a bio-piracy lawsuit against Monsanto. US organic farmers had filed an appeal against Monsanto as well. Genetically modified crops were harming land crops, insects, aquatic life, and plants. UNFINISHED BUSINESS None. NEW AND MISCELLANEOUS BUSINESS 1. Designation of LOC voting delegate Councilor Morris/Slattery m/s to approve Councilor Chapman as the voting delegate for the League of Oregon Cities membership meeting taking place on September 29, 2012. Voice Vote: all AYES. Motion passed. Councilor Slattery/Morris m/s to approve Mayor Stromberg as the alternate voting delegate for the League of Oregon Cities membership meeting taking place on September 29, 2012. Voice Vote: all AYES. Motion passed. ORDINANCES.RESOLUTIONS AND CONTRACTS 1. First reading of an ordinance titled, "An ordinance amending Ashland Municipal Code (AMC) 10.64.010 obstructing passageways" City Administrator Dave Kanner explained the ordinance came before Council at the previous meeting and staff realized they had failed to comply with the City'code provision requiring a two-week notice. The ordinance would amend the code to allow condition use permit or special permit holders to sell merchandise in the street or on a sidewalk in conjunction with their event or conditional use permit. Councilor Lemhouse confirmed the ordinance would not allow people to sell items on the sidewalk without a conditional use permit or special`use permit. Councilor Slattery disclosed his wife was the Executive Director of the Ashland Chamber of Commerce and ordinance did not create a conflict of interest for himself or her. Councilor Silbiger/Lemhouse m/s to approve First Reading by title only of an Ordinance titled "Ordinance amending Ashland Municipal Code(AMC) 10.64.010 Obstructing Passageways." Roll Call Vote: Councilor Slattery,Voisin, Lemhouse, Silbiger,and Morris,YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS None. ADJOURNMENT Meeting adjourned at 7:44 p.m. Dana Smith, Ass tant to the City Recorder Jo n Strop erg, Mayor