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HomeMy WebLinkAbout1996-0917 REG MINMINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 17, 1996 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, Hagen, Wheeldon and Thompson were present. APPROVAL OF MINUTES The minutes of the Regular meeting of September 3, 1996 were approved with the following amendments to page 5. Discussion: Mayor Golden commented on being uncomfortable with the city charging a different system than what is charged developers as pertains to increased capacity of pipes. (In reference to the larger sizing of the pipes to accommodate future growth). Same paragraph - "or by discussion" to be omitted. Mayor Golden stated she thought the intention was that should be replaced with "the difficult community decision that has not been made." SPECIAL PRESENTATIONS & AWARDS 2. 3. 4. 5. Recognition of Safety Program Achievement by Ashland City employees. Proclamation declaring September 18 as "White Rose Day." Proclamation declaring September 23-29 as "Healthy School Lunch Week." Proclamation declaring October 1996 as "Crime Prevention Month in Ashland." Introduction of Sue Shulters, Fire\EMS Coordinator. 1. Finance Director Jill Turner read the Recognition of Safety Program Achievement. Mayor Golden and Councilor Carole Wheeldon discussed merits and gave congratulations to the City of Ashland. 2. Mayor Golden read aloud the Proclamation declaring September 18 as White Rose Day. 3. Mayor Golden read aloud the Proclamation declaring September 23 through 29, 1996 as Healthy School Lunch Week. 4. Mayor Golden read aloud the Proclamation declaring October 1996 as Crime Prevention Month. 5. Mayor Golden introduced Fran Berteau, new executive secretary, and welcomed her aboard. (Council Meeting 9/17/96) 1 6. Mayor Golden introduced Adam Hanks, a city employee for the last six years, as the new code-compliance officer, and welcomed him to his new position. 7. Mayor Golden and Fire Chief Keith Wooalley each introduced Sue Shulters, Fire/EMS Coordinator. Mayor Golden welcomed her aboard. CONSENT AGENDA 2. 3. 4. Minutes of boards, commitions, and committees. Monthly Departmental Reports- August, 1996. Quarterly Financial Report for period ending June 30, 1996. Approval of National Register Nomination for Whittle Garage Building loated at 101 Oak Street to the National Register of Fli~oric Places. Approval of Liquor License Application for "Jungle Taco" at 250 Oak Street. Acceptance of Telecommunications Report from Steve Hauck. Mayor Golden asked ff any item to be pulled from the Consent Agenda. Councilors Laws/Reid m/s to approve Consent Agenda. Voice vote: aH AYES. Motion passed. PUBLIC FORUM None UNFINISHED BUSINESS 1. Adoption of Findings, Conclusions and Orders for P.A. 96-047 (Evan Archerd) Mayor Golden asked for discussion and if not would take a motion. Councilors HaucMReid m/s to approve P.A. 96-047. McLaughlin clarified for council that the findings were for a denial. Roll Call vote: Councilors Laws, Hagen, Thompson NO; Councilors Hauck, Reid Wheeldon, YES; Mayor Golden voted to break tie, YES. Motion passed 4-3. Reading of title only of "A Resolution establishing a Pesticide Policy for Department and Division of the City of Ashland." Mayor Golden opened by asking if there was a staff report. Director of Public Works Susan Wilson Broad stated she had been requested to read parts of the new resolution language to 2 (Council Meeting 9/17/96) have a clear community understanding of what is being achieved. Mayor Golden read aloud parts of the resolution specifying the changes. Councilor Laws discussed loose ends with the resolution language as to inert ingredients and suggested they be treated the same as toxic active ingredients. Public Works Director Susan Wilson Broadus agreed as to the language and stated the reason for the differentiation is difficulty obtaining information about inert ingredients because they are viewed as trade secrets. Finance Director Jill Tumer representing the cemetery division stated that chemicals have been used in the past, she would like to continue to see them used in the future and believes chemicals are a tool by making it more cost-effective in work and labor dollars. Councilor Reid inquired if actual use is a violation, to which Finance Director Jill Turner replied the major chemical used was Roundup and the LD-50 is only about 500. Public Works Director Susan Wilson Broadus reiterated her sources of data. Mayor Golden questioned if problems would occur if the cemetery continued to use this product and Public Works Director Susan Wilson Broadus deferred to Finance Director Jill Turner on that point. Finance Director Jill Turner feels we are clearly within the limit, Roundup was used for weed control, edging around the tombstones, to help with the process of mowing and clipping and keeping the cemetery in an orderly manner. Discussion followed as to whether cemetery visitors would be aware if spraying had taken place. It was determined that Roundup is not active for long, data shows the active ingredient is less toxic than table salt, and a posting would not be necessary. The policy does not require people to stay off the grass. Councilor Thompson and Finance Director Jill Turner discussed the merits of Roundup versus manual methods and it was determined more practical and efficient to use Roundup. Further discussion followed as to whether a temporary fence should be erected to keep people off the grass recently treated with Roundup. The cost-effectiveness of Roundup ensued with Finance Director Jill Turner stating that when labor is used extensively especially in places such as Boulevard Island it becomes a safety issue. Mayor Golden stated her concern to keep the use of herbicides away from homes and this could be addressed by indicating it can only be used within 50 feet of a home and noticing that homeowner. (Council Meeting 9/17/96) 3 Councilor Reid inquired as to how we should present our cemeteries adding at the present they appear to look well with no complaints. Finance Director Jill Turner replied the policy on perpetual care is important to a particular segment of the community and that the cemeteries should look presentable. Mayor Golden added she receives three or four complaints a year about people concerned about activities going on in cemeteries being used for playgrounds, climbing on and pushing over the headstones and while they are considered open space we should not consider them as parks and they should be treated with respect. A sign could be left at the entrance that on occasion herbicides are used around headstones and to exercise caution. Discussion followed between council members as to how often cemeteries are mowed, weeded, and as to the cost-effectiveness of weeding versus using Roundup. Finance Director Jill Tumer believes we could effectively live with this policy in the cemetery department. In answer to questioning she estimates 1 - 11/4 gallons of concentrate are used a year. Mayor Golden opened the discussion for public hearing. PUBLIC HEARING: OPEN 7:40 P.M. Mayor Golden opened by indicating two items which were not on the Agenda to be read. She asked Brooke Buettner and Karen Courtwright if they were present for the pesticide issue~-a~ aslced if anyono-wished to ~-pe_~t- on 0.r,y itom~/t~j~..~as not on .tho~enda. Brooke Buettner, 315 A Luna Vista Street/Introduced himself and thanked Public Works Director Susan Wilson Broadus for her help and effort. He indicated first draft was good needing some changes and the second draft better. He reflected the policy is good, that we should have a general goal to reduce and eventually eliminate the use of pesticides, with exceptions to sewers, airport, emergency situations and where worker safety is at issue. Would liked to see the addition of a list of products and especially as to whether CrossBow is on the list. He disagreed that Roundup is as safe as people say, would like to be informed if spraying took place in front of his house, and would support the idea of a pest management system with the goal to reduce the use of pesticides over time. Karen Courtwright, 447 Walnut/Wants this to be a functional policy, that could be looked at and reviewed with the species listed so that users would know what could safely be used and the list to be updated. She added a question as to cost effectiveness and peoples' lives, and that postings should be at the cemetery when Roundup is applied. She questioned Finance Director Jill Turner' s use of Roundup and specified it was better to use none at all. 4 (Council Meeting 9/17/96) Kay Knack, 309 Wightman/Reiterated resources for learning more about alternatives in controlling pesticides, and supports an integrated pest management training program. She would like to see monitoring to include targets, and whether these methods are working or whether other systems should be tried. She believes environmentally sensitive residents should be noticed when spraying is to take place. She strongly favors a public forum to discuss resources. David Schieber, 586 Glenwood Drive/Stated his background is environmental toxieology, and his goal is that pesticides be used effectively. He discussed Roundup, DDT and their toxicity levels. Would favor a public forum for education on pesticide use and volunteered his services. He opined it is important to look at the chemical properties of given pesticides and suggested a new category (3.5) that pesticides shall be applied only under optimum conditions, considering factors such as wind and heat. He also suggested that another new category should be added with all pertinent employees and department heads to train in integrated pest management practices, and stressed that these are poisons we are dealing with. He was concerned that a school was sprayed just before school started, when a group of people with hoes would have effectively dealt with the weed problem. Discussion followed with council members and David Schieber as to what our policy stated and as to how pesticides are applied, and if another city has a pest management program to learn from. David Schieber then presented an extensive seventeen-page document to the council called Model Pesticide Ordinance which was adopted by Eugene. John McCory, 549 B. Street/Added that Ashland could give up pesticides in general, and we could use more rocks around tombstones, trees, etc. which would look nice and also decorative. PUBLIC HEARING CLOSED 8:11 P.M. Councilor Reid wanted to know if a pesticide was applied to a school would the City be responsible. Discussion followed between council members and Mayor as to liability and problems to be discussed and explored. Mayor Golden added the Parks Commission has a cooperative agreement with the schools and is separate from the city council by charter. She added that the Parks Commission is very receptive to input from the community. Councilor Wheeldon suggested we have an active working document that people can tap into and that the city become a resource. Public Works Director Susan Wilson Broadus added that the original wording was based upon Parks Department policy and it was expounded upon the draft reviewed. Parks Director (Council Meeting 9/17/96) 5 Ken Mickelsen stated that if adopted by City Council it would move to make that applicable within the Parks and Recreation Department also, working in tandem even though two separate authority bodies. Mayor Golden stated there were good suggestions made and it would be easy to change for a second reading and set a course of action for the future. Councilor Laws wanted to know what terminology was with regard to our policy for EMF and prudent avoidance was what we were aiming at. Councilor Hagen suggested where herbicides and pesticides are noted, only the word pesticides to be used. Public Works Director Susan Wilson Broadus agreexl. Mayor Golden suggested there be an ongoing list of products used with the city. Discussion followed regarding number of species, and to lay out conditions of particular plants. Councilor Hagen believes optimum conditions would be the best idea. Mayor Golden suggested the use of drip irrigation to rid weeds. She inquired as to the short and long term effect on humans, animals, plants and soil to be added to Section 3.2, and that we should take into consideration environmental conditions under Section 3.5. Mayor Golden closed the subject and suggested it be considered again at next meeting. Public Works Director Susan Wilson Broadus indicated she will pursue investigation of a community forum and training on integrated pest management. Mayor Golden asked if we could adopt this knowing the changes will be made. Councilor Reid asked whether munch sees this as a resolution or an ordinance, and suggested an ordinance. Discussion between council members followed. Mayor Golden suggested it be brought back in ordinance form in two weeks with the modified changes and also some direction with integrated pesticide management. Parks Director Ken Mickelsen addressed the issues raised. He specified the Parks Department does not spray on school district grounds, that the grass is maintained only by mowing and he is unaware who is spraying. Regarding the integrated pest management he specified we have the foremost expert in the Southern Oregon Area on City staff, our policy is similar to the policy established through the Parks Commission, integrated pest management is used and the Parks Dept. has a prudent policy on how pesticides are used. He specified that Roundup is used when practical on the campus at University of Oregon which is very sensitive to this issue and our policies are almost identical. He feels the city has done an excellent job in trying to develop a policy that will be the leader in the State of Oregon when it comes to the use of pesticicles, and the Parks Department could take the role in educating the community if interested in learning about integrated pest management. 6 (Council Meeting 9/17/96) NEW & MISCELLANEOUS BUSINESS 1. Acceptance of report of Sluicing Alternatives Committee with comments of Tom Davis, P.E. of Montgomery-Watson Engineering. Postponed to October 1 at request of committee members. Mayor Golden asked if Myra Erwin would like to speak on this issue. Myra Erwin, 300 Grandview/Introduced herself as a member of the Sluicing Alternatives Committee, stated she has received the document from the city containing comments on recommendations which she thought good and would urge the city to add to the document additional recommendations on last page of report. Decided it would be valuable to look at the report again and that Susan Wilson Broadus should have the benefits of the documents that the committee reviewed. Joanna Eggers, 22 North Granite Street/Stated she served on the sluicing alternative committee and thinks it would serve the community better to postpone the presentation. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Lease of city-owned property located on the east site of E. Main Street at Garfield Street to Community Works, an Oregon non-profit corporation. City Attorney Paul Nolte stated he had had discussions with Community Works regarding the lease regarding changes. t-Ie stressed they were not substantive changes, the lease is not ready for final approval but would like to get authorization for Mayor Golden and the City Recorder to sign once the fine details of the language are worked out so this will not have to come back to the council. Councilor Hauck asked what changes were to be made, and City Attorney Paul Nolte replied the lease language in essence was not affected. Councilor Laws stressed his problems with authorizing a lease involving city property without an opportunity to review the wording and felt uncomfortable with that. City Administrator Brian Almquist replied that everyone was anxious to proceed but a two-week delay would be acceptable. Mayor Golden suggested an agreement in concept could be sent off and to bring it back in final form in two weeks. Councilor Reid wanted to verbalize that if something were to go amiss with the organization running the facility would revert to the use of the city. City Administrator Brian Almquist said the facilities would have to be used subject to CBDG regulations and could only be used for those purposes. (Council Meeting 9/17/96) 7 Mayor Golden finished by saying that in two weeks the final draft would be reviewed. First reading of "An Ordinance amending the membership, powers, and duties of the Cable Access Commition." City Administrator Brian Almquist stated this is a major overhaul of the ordinance as a result of the new contract with SOSC. He read aloud the ordinance specifying deletions and additions. Mayor Golden said we should consider council liaison. Councilors Laws/Reid tn/s to approve f'wst reading and place on agenda for second reading. Roll Call Vote: Councilors Laws, Reid, Hauck, Hagen, Wheeldon and Thompson, YES: Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Mayor Golden asked if council members had other business. Carole Wheeldon reminded council and public that three forums are planned for the Fail in the chamber, and the panel would be comprised of staff, council and committee or commission members. Mayor Golden reminded council of the study session on the following day. Meeting was adjourned at 8:45 p.m. Barbara Christensen, Recorder Catherine Golden, Mayor 8 (Council Meeting 9/17/96)